L,, <&am\AimmtB of QUjarba IE. JMatm, (EUrk, IBnaro nf Sattrnao (EommiBBtonrrfi. UNIVERSITY of CALIFORNIA AT LOS ANGELES LIBRARY GENERAL LAWS MASSACHUSETTS RELATING TO CORPORATIONS, 5TREEI RAILWAY ELECTRIC RAILROAD Chapters 463 and 516 of the Acts of 1906, Provisions of the Revised Laws and Subsequent Legislation to and including the year 1909. MASSACHUSETTS RAILROAD COMMISSION. Compiled by the Clerk of the Board. BOSTON : WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 Post Office Square. 1909. 92 HaasarliuBfttH Hatlroafc GJontrntHfium. WALTER PERLEY HALL, Chairman. GEORGE W. BISHOP. CLINTON WHITE. CHARLES E. MANN, Cleric. Office, 20 Beacon Street, Boston. Approved by the State Board of Publication. - General Raileoad and Railway Law OF 1906, WITH ADDITIONAL AND AMENDING STATUTES. Chapter 463 of the Acts of 1906. AN ACT RELATIVE TO RAILROAD CORPORATIONS AND STREET RAILWAY COMPANIES. Part I. OF RAILROAD CORPORATIONS AND STREET RAILWAY COM- PANIES. Section 1-4. Board of railroad commissioners. 5-20. General powers and duties of board. 21-22. Grade crossings. 23-28. Alteration of grade crossings. 29-45. Abolition of grade crossings. 46-48. Railroad and street railway relief corporations. 49-55. Railroad and street railway police. 56-57. Inspection of equipment. Section 58. Railroad and street railway bridges. 59-60. Conditional sale of rolling stock. 61. Attachment of rolling stock. 62. Notice of accidents. 63. Penalty for loss of life. 64. Evasion of payment of fares. 65. Injury to signals. 66. Throwing missiles, etc. 67. Lease or purchase of franchise. BOARD OF RAILROAD COMMISSIONERS. Section 1. There shall be a board of railroad commission- R a n roa( i com . ers, consisting of three competent persons, one of whom shall j^rk's^tc! annually, before the first day of July, be appointed by the gov- Ifjjg'^of' L\ ernor, with the advice and consent of the council, for a term of J3. i c -it mi i iiiii ii i lo<4, St'l, s o. three years from said day. lhe board shall have a clerk, who 1876, iss, § 3; . 206 § 1. shall be appointed by the governor, who shall keep a full and P.s\ 112, faithful record of its proceedings, and who shall serve such issV. 334, § 2. notices as the commissioners may require. The board may em- §§ 1/2. 5 * ploy an assistant clerk, who shall perform such clerical and Jf 9 ^; \\\\ § 8 other office work as the board may require, and who, in the J 992 ^^ ' 169! absence or during the disability of the clerk, may, if so directed by the board, perform his duties. The board may employ an accountant, skilled in the methods of railroad accounting, who shall, under its direction, supervise the method by which the accounts of corporations operating railroads or street railways are kept. The board may from time to time, if in its opinion it is necessary, appoint competent railroad and railway inspec- tors, not exceeding one for every one thousand miles of railroad and railway track, each for a term of three years, and may for BOARD OF RAILROAD COMMISSIONERS. cause remove any such inspector and appoint another in his place. An appointment to fill a vacancy shall be for the residue of the unexpired term. The board shall appoint one or more competent experts to examine the reports required by section fifty-eight, and may, whenever in its opinion the public interests require, in connection with any proposed issue of stock or bonds by a railroad corporation or street railway company, employ competent experts to investigate the character, cost and value for railroad or railway purposes of the property of such corpora- tion or company. The commissioners and clerks shall be sworn before entering upon the performance of their duties, and shall not be in the employ of or own stock in a railroad corporation or street railway company, nor shall they personally, or through a partner or agent, render any professional service or make or per- form any business contract with or for a railroad corporation or street railway company chartered under the laws of this com- monwealth, except contracts made with them as common car- riers, nor shall they, directly, or indirectly, receive a commis- sion, bonus, discount, present or reward from any such corpora- tion or company. Tenure of office. IS.st, :;t;i. Removal of officers. 1881, 57. P. S. 21, § 1. [1 Op. A. G. 140.] Filling of vacancies. 1860, 216. P. S. 21, § 2. Organization of state boards. 1898. 265. < laths of office. Hes. 17*0, 58. R S. 13, § 57. G. S. 14, § 40. P. S. 21, § 3. Failure to qualify. 1862, 109, §§ 1. 2. 5. 1867, 138, §§ 1. 2, 5. P. S. 21, §§ 4,5. Revised Laws, Chapter 18, §§ 1, 2, 3, 4, 7, 8. Section 1. A public officer appointed by the governor, with the advice and consent of the council, shall, unless otherwise provided by law, hold his office during- the term for which he is appointed and until his successor in office has been appointed and qualified. Section 2. A public officei", if appointed by the governor, may at any time be removed by him for cause, and, if appointed by him with the advice and consent of the council, may be removed with its advice and consent, unless some other mode of removal is provided by law. Section 3. If a vacancy occurs during the recess of the general court in an office which is filled by an election by the general court and for which no other provision is made, the governor, with the advice and consent of the council, shall appoint a person to fill such vacancy, who shall hold office until the assembling of the general court and until another is chosen in his stead. Vacancies in boards or commissions con- sisting of more than one member may be filled for the residue of the unexpired term in the mode provided for an original appointment, and in offices filled by a sole officer, for the full term. Section 4. A state board and commission shall, upon organizing, report its organization to the secretary of the commonwealth. Section 7. A person chosen or appointed to an office may, unless otherwise provided by law, take and subscribe the oaths required to qualify him before the governor, lieutenant governor, two councillors or two commissioners appointed under the provisions of section eight of chapter seventeen. Section* 8. A person appointed to an office by the governor shall be notified of his appointment by the secretary of the commonwealth and 1 1 is commission delivered to him, and if he does not, within three months after the date of such appointment, take and subscribe the oaths of office, his appointment shall be void, and the secretary shall forthwith notify him thereof and require him to return his commission, and shall also certify said facts to the governor. This section shall be printed on every such commission. BOARD OF RAILROAD COMMISSIONERS. 5 Section 2. The annual salary of the chairman of the board n*!?^ n ° f rs com " shall be five thousand dollars, that of the other commissioners cterks^etc.' . four thousand dollars each, of the clerk twenty-five hundred dol- i|69! 4os! lars, of the assistant clerk not more than twelve hundred dollars, 1873, 377. 5 8. and of each railroad and railway inspector two thousand dol- i876! iss! 1 3." lars, payable by the commonwealth. The commissioners shall p.'s.'n2 1 '§ 10. be provided with an office in the state house, or in some other j||^ },$• J 64 / suitable place in the city of Boston, in which their records shall J|||- 1^5, § 7. be kept. In the performance. of their official duties, they shall isoo! 406. be transported over the railroads and railways in this common- R. l! 111, § 9. wealth free of charge, and may employ and take with them ex- 1904! 967' perts or other agents whose services they consider temporarily of seT/soV w '. importance. The board may expend not more than forty-five hundred dollars annually in procuring necessary books, maps, statistics and stationery and in defraying expenses incidental and necessary to the performance of its duties, and not more than twenty-five hundred dollars annually in defraying the com- pensation of an accountant. A statement of such expenditures shall accompany its annual report. Acts of 1906, Chapter 417. An Act relative to the Salaries of the Board of Railroad Commissioners and of their Clerk and Assistant Clerk. Section 1. The annual salary of the chairman of the board of rail- board e of° f road commissioners shall be six thousand dollars and that of the other railroad com- commissioners five thousand dollars each, from and after the first day of July in the year nineteen hundred and six. Section 2. The annual salary of the clerk of the board of railroad clerk and n . assistant commissioners shall be three thousand dollars and that of the assistant clerk, clerk shall be eighteen hundred dollars, from and after the first day of July in the year nineteen hundred and six. Section 3. This act shall take effect upon its passage. [Approved May 24, 1906. Section 3. The sums of money annually appropriated by Apportion- the general court for the salaries and expenses of the board of salaries. etc._ railroad commissioners, its clerks and employees, shall be ap- istk ins. I 9. portioned by the tax commissioner among the several railroad | / 8 ; '" corporations and street railway companies, and on or before the ^i'ni'ih. first clay of July in each year ho shall assess upon each of said [||7. 334, s -i. corporations and companies its share of such sums in proportion 18941 535. § 8. to its gross earnings from the transportation of persons and I897i 376! § 4. property for the last preceding year in which the assessment is 1904! 429'. made; and such assessments shall be collected in the same man- ner as taxes upon corporations. Section 4. Of the amount so assessed and collected any —balance balance remaining on the thirtieth day of November in any ward* year shall bo carried forward to the next year, and shall be 1904,4 - taken into account in making the appropriation for that year. 6 GENERAL POWERS AND DUTIES OF BOARD. Annual report. 1869, 408, §§ 3, 11. 1870, 307, § 2. 1874, 372, §§ 9, 14, 15. P. S. 112, §§ 13, 16, 26. R. L. Ill, § 11. Public documents. 1857, 40, § 2. G. S. 4, § 2. 1863, 219. 1S76, 178. 1877, 248, §§ 1,5. 1878, 264, § 1. 1880, 193, § 1. 1881, 293, § 1. P. S. 4, § 7. 1885, 369. 1889, 440, § 7. 1894, 393, § 7. 1896, 258. 1897, 243. 1901, 257. [Repealed. 1902, 438, §§ 4, 7.] See GENERAL POWERS AND DUTIES OF BOARD. Section 5. The board shall make an animal report, which shall be transmitted to the secretary of the commonwealth, on or before the first Wednesday in January, and be laid before the general court. The report shall include such statements, facts and explanations as will disclose the actual working of the sys- tem of railroad and railway transportation in its bearing upon the business and prosperity of the commonwealth, such sugges- tions as to its general railroad and railway policy, or any part thereof, or the condition, affairs or conduct of any railroad cor- poration or street railway company, as may seem to it appro- priate, such tables and abstracts of all the returns required to be made by a corporation or company, as it considers expedient, and a report of any proceedings taken under the provisions of section nine. Revised Laws, Chapter 9, § 7. Section 7. There shall be printed annually, before the assembling of the general court or as soon thereafter as possible, the number of copies of documents and reports hereinafter specified, the same to be numbered in a series to be called public documents. Said reports shall be as brief as possible without omitting any facts or information re- quired by law to be contained therein. [No maps, plans, photogravures, wood cuts or other pictorial illustrations shall be introduced unless specially authorized by the general court or either branch thereof or, if the cost does not exceed five hundred dollars, with the previous approval of the secretary of the commonwealth, acting as supervisor of state printing, and of the auditor of accounts; but said reports may include abstracts or compilation of the statutes relative to the subject, matter of the respective reports.] They shall be transmitted to the gen- eral court through the office of the secretary of the commonwealth. No more copies than is herein provided for shall be printed at the expense of the commonwealth or be paid for out of any contingent fund, or out of the earnings of any department or institution which are the prop- erty of the commonwealth; and no bill for printing any larger number shall be approved by the auditor or paid out of any funds belonging to the commonwealth. Railroad. Of the board of railroad commissioners, four thousand two hundred 1877! 24I; § l. and fifty copies, of which two thousand two hundred and fifty copies 1880 193', § : sha11 be b0Ulld without returns. 1881, 293, § 1. P. S. 4, § 7. 1889, 440, § 7. 1894, 393, § 7. [Repealed by 1905, 188.] No report to be printed without the approval of the state board of pub- lication. Repeal. Acts of 1902, Chapter 438. Section 4. All boards or commissions before entering upon the preparation of any publication shall submit to the state board of publication careful statements of the scope, and estimates of the size, of such publication. The said board shall have power to determine the number of pages to which any such report may extend, and to de- termine whether it shall include maps, plans, photogravures, woodcuts or other illustrations; and no such report shall be printed unless it bears the certified approval of the state board of publication. Sectiox 7. Sections ten and eleven of chapter one hundred and seven of the Revised Laws, section six of chapter nine of the Revised GENERAL POWERS AND DUTIES OF BOARD. 7 Laws, and so much of section seven of said chapter as refers to maps, plans, photogravures, woodcuts or other pictorial illustrations, are hereby repealed. Acts of 1905, Chapter 138. An Act relative to the Number of Copies of the Annual Report of the Board of Railroad Commissioners. Section 1. There shall be printed annually forty-five hundred copies Report of of the annual report of the board of railroad commissioners, of which roadcommis- twenty-two hundred and fifty shall be bound without returns. sioners. Section 2. So much of section seven of chapter nine of the Revised Repeal. Laws, relating to the number of copies of the annual report of the board of railroad commissioners as is inconsistent herewith is hereby repealed. [Approved March 7 , 1905. Revised Laws, Chapter 18, §§ 5, 6. Section 5. A state board and commission which is charged with the Accounts of expenditure of money shall, in its annual report, give a detailed and e tc. itemized account of all money then due from said board or commission 1898 - 366 - and unpaid, and a like statement of all claims against it, giving the name of the claimant and the nature and amount of the claim. Section 6. State boards and commissions shall annually, on or be- Recommenda- fore the first Wednesday in January, deposit with the secretary of the iegCfi a f t i on . commonwealth such parts of their annual reports which are required 1893, 144. to be made to the governor and council or to the general court as contain recommendations or suggestions for legislative action; and the secretary shall forthwith transmit them to the governor and council or to the general court. Section 6. The board shall have the general supervision of ^rd. ° f all railroads and railways, and shall examine the same; and the |f 6 J*' 5 os * commissioners shall keep themselves informed as to the condi- p g • £ 7 2 2, 5* 14 tion of railroads and railways and the manner in which they R. l. 111, *§ 12. are operated with reference to the security and accommodation [o P . a", g'. of the public, and as to the compliance of the several railroad corporations and street railway companies with their charters and the laws of this commonwealth. The board may from time to time require railroad corporations and street railway com- panies to install and maintain at such places upon the railroad or street railway premises as it shall designate such block or other signals or devices as it shall approve for the purpose of safeguarding public travel. The supreme judicial court shall have jurisdiction in equity to enforce compliance with any order issued by the hoard under authority of this section. Section 7. The hoard shall, in respect of steamship com — in respect panics serving as common carriers throughout the year between steamship two or more ports of this commonwealth, perform the same du- rampages? ties, including the regulation of rates for transporting freight [904; 265! or passengers, and including other matters affecting the security ''""' 26fl or convenience of the public, which the said hoard is now or may hereafter be empowered to perform in the case of railroads or railways. The board may, upon the complaint of any party interested, exercise over express companies, firms and persons doing an express business upon railroads or railways in this GENERAL POWERS AM) DUTIES OF BOARD. Board to secure observ- ance of laws. 1869, 408, § 3. 1*70. 307, § 5. L874, 372, § 8. P. S. 112 | l. r >. R. L. Ill, § 11. Notice of nec- essary repairs, L869, 108, § 3. 1874, :i7L\ § 9. P S. 112, § 16. R. L. Ill, § 15. 1904, 357, § 1. commonwealth supervisory powers with regard to the character of accommodations and service furnished, and the reasonable- ness of rates charged. Section 8. If, in the judgment of the hoard, a railroad cor- poration or street railway company has violated a law, or neg- lects in any respect to comply with the terms of the act by which it was created or with the provisions of any law of. this com- monwealth, it shall give notice thereof in writing to snch cor- poration or company; and thereafter, if snch violation or neg- lect continues, shall forthwith present the facts to the attorney- general for his action. Section 9. If the board is of opinion that repairs are nec- essary upon any railroad or railway, or that an addition to its rolling stock, or an addition to or change of its stations or sta- tion houses or waiting rooms, or a change in its rates of fares for transporting freight or passengers, or in the mode of operat- ing its railroad or railway and conducting its business, is reason- able and expedient in order to promote the security, conven- ience and accommodation of the public, it shall in writing in- form the corporation or company of the improvements and changes which it recommends should be made. Powers and duties of board of rail- road commis- sioners to apply to station of Boston Terminal Company, etc. Acts of 1901, Chapter 330. An Act relative to the Powers and Duties of the Board of Railroad Commissioners. Section 1. All general laws defining the powers and duties of the board of railroad commissioners in reference to the stations and prem- ises of railroad companies, and to the operation of trains in connection therewith, shall, except as otherwise provided in chapter 516 of the year eighteen hundred and ninety-six, be applicable to the station and premises of the Boston Terminal Company, and to the operation of trains in connection therewith. Section 2. This act shall take effect upon its passage. Acts of 1903, Chapter 381. An Act relative to the Laying out and Construction of Northern Avenue and Sleeper Street in the City of Boston. Laying out Section 1. . . . Said avenue and street shall be highways : provided, and construct- . ...... ing of Northern however, that the manner of constructing and operating the railroad Sleeper street track in and across the same, and the highway traffic and travel upon in Boston. aiK | other nses f Northern avenue shall be regulated and the location of tracks along said avenue and street shall be determined by the board of railroad commissioners, who, having due regard to the intent and purpose hereof, shall in writing from time to time prescribe the regula- tions, and may change or modify the same. of X con!Stion n Section 10. Upon the application of the board of aldermen i869 a 4os u °^ a C ^ V or * ne selectmen of a town within which a part of any p 87 s'iif'f i?" r;, ^ roa( l or railway is located, alleging grounds of complaint, a. l. ni'.lie! the board shall examine the condition and operation of such railroad or railway; and if, upon the petition in writing of twenty or more legal voters in snch city or town to the board of aldermen or selectmen to make snch application, they refuse so to do, they shall indorse upon the petition the reason of such so [See page 8, § 9.] 1909. Chapter 343. An Act to authorize the Board of Railroad Commissioners to recommend Re- locations of Stations of Railroad Corporations and Street Railway Companies. Section nine of Part I of chapter four hundred and sixty-three of 1906, 463, the acts of the year nineteen hundred and six is hereby amended by amended. ' inserting after the word ''change", in the third line, the words: — or relocation, — so as to read as follows : — Section 9. If the board is Relocation of of opinion that repairs are necessary upon any railroad or railway, or statlons ' etc - that an addition to its rolling stock, or an addition to or change or relocation of its stations or station houses or waiting rooms, or a change in its rates of fares for transporting freight or passengers, or in the ' mode of operating its railroad or railway and conducting its business, is reasonable and expedient in order to promote the security, con- venience and accommodation of the public, it shall in writing inform the corporation or company of the improvements and changes which it recommends should be made. [Approved April 30, 1909. GENERAL POWERS AND DUTIES OF BOARD. \) refusal, and return it to the petitioners, who may, within ten days thereafter, present it to the board, and it may thereupon make such examination as if called upon by the board of alder- men or the selectmen, first giving to the petitioners and to the corporation or company reasonable notice in writing of the time and place of making such examination. If, upon such examina- tion, it appears to the board that the complaint is well founded, it shall so adjudge, and shall in writing inform the corporation or company which operates such railroad or railway of its ad- judication. Section 11. The board shall investigate the causes of any investigation accident on a railroad or railway which results in loss of life ; 1869, 4os, § 14. and of other accidents which, in its judgment, require investiga- i874| 372, § 11. . j b ^1 o p g 112 § 18 tion. R. L. Ill, §17. Section 12. An employee may make complaint in writing Complaints by , , i ■_•. of indebtedness of such corporation or company equal in amount RL111 -&- to one fiftieth part of its paid-in capital stock, the board shall examine the books and the financial condition of said corpora- tion or company, and shall cause the result of such examination to be published in one or more daily newspapers in the city of Boston. Section 17. The board shall at all times have access to the Board to have list of stockholders of every corporation or company which op- ofstock- Imlders. \(j GRADE CROSSINGS. 1876, 185, § 5. erates a railroad or railway, and may at any time cause the said h. l. nT, § 23! list or a part thereof to be copied for its information or for the ^s'j' information of the stockholders of such corporation or company. ^orations' Section 18. A railroad corporation or street railway corn- er refusing to 1)anv which refuses to submit its books to the examination of submit books, , ', , ■, ■, 1 .1 etc. the board, or unreasonably neglects to keep its accounts in the p. s.' 112,' § 24. method prescribed by the board, shall forfeit not more than five thousand dollars for every such refusal or neglect. Commission- Section 19. In all cases investigated and inquiries made by summon the board and in all proceedings before it, any member thereof witnossps. *^ 1877, L94, § 1. may summon witnesses in behalf of the commonwealth and may 1901, 286. ' / administer oaths and take testimony. The fees of such witnesses for attendance and travel shall be the same as for witnesses be- fore the superior court, and shall be paid by the commonwealth upon the certificate of the board filed with the auditor. Revised Laws, Chapter 175, § 10. Enforcement Section 10. A justice of the supreme judicial court or of the superior by courts. court, upon the application of a tribunal which is authorized to sum- p s.'ll2,'§25. mon but not to compel the attendance of witnesses and the giving of 1891 ' 140 testimony before it, may, in his discretion, compel the attendance of such 1901! 2S6. _ witnesses and the giving of testimony before any such tribunal, in the 175 Mass! 179! same manner and to the same extent as before said courts. Board to pre- Section 20. The board shall prescribe the form for the an- sonbe forms 1 i i -i i • i -i of returns. nual returns to be made bv railroad corporations and street rail- 1857, 240, § 4. . <• . ■ . • i l i j g s. 63, § 145. way companies, may, from time to tune, make changes and ad- lSf»4 229 § 42 • i87o! 307', ' ditions in such form, and shall give to the corporations and 1871, 381, § 54. companies one year's notice of any changes or additions which 1I76, 173. S 15 ' require an alteration in the method or form of keeping their fj^"§ 1 59 § 26; require an alteration in the method or form of keeping their ac- is89, 328, §| counts. It may change the form of returns of railroad corpora- r. l. 112! § 94. tions to conform to the form of returns required by the interstate commerce commission, if it gives to such corporations one month's notice of such change ; and shall annually, on or before the fif- teenth day of June, furnish to railroad corporations, and annu- ally, on or before the fifteenth day of September, furnish to street railway companies, blank forms of returns. If a return is defective or appears to be erroneous, the board shall notify the corporation or company to amend it within fifteeen days. The original of each return or amended return, subscribed and sworn to by the directors, treasurer and chief accounting officer of the corporation or company, shall be preserved in the office of the board. GRADE CROSSINGS. togs regulated. Section 21. A street railway shall not be constructed across tin; ii?! I *e! the tracks of a railroad nor shall a railroad be constructed across 'sir, 496 Vi° ^ ne ^ rac ^ s °f a street railway at the same level therewith with- it i, 112, §63. on t the consent of the board of railroad commissioners. boTrTo7 i cToss- y Section 22. In any case in which the consent or approval of oog the board of railroad commissioners which may be required by it. l. 111, § 27. l; iw for any crossing at grade is given, said board may, after 106 1908. Chapter 599. An Act to extend the Authority of the Board of Railroad Commissioners over Persons and Corporations engaged in the Express Business upon Railroads and Railways. Section 1. Every person, firm, association or corporation doing an Returns of , ... -it -l ■ ,, • persons, etc., express business upon either a railroad or railway in this common- doing an ex- wealth shall annually, on or before the first Wednesday in November, press busmess - transmit to the board of railroad commissioners a return of his or its doings for the 3 T ear ending on the thirtieth day of the preceding Sep- tember, said return to be under oath of such person or of the financial officer or representative of such firm, association or corporation. The return shall set forth copies of all contracts made during the year with other persons, firms, associations or corporations doing a transporta- tion or express business upon any railroad or railway in the common- wealth, and shall give complete information in reply to the questions presented in the form for such return which shall be prescribed by the board. Section 2. If a return made under the provisions of the preceding Amendment section appears to be defective or erroneous, the board shall require the person, firm, association or corporation making it to amend it within fifteen days. A person, firm, association or corporation neglect- Penalty, ing to make a return as herein required or to amend it when requested so to do shall forfeit twenty-five dollars for each day during which such neglect continues. Section 3. Every person, firm, association or corporation doing an information express business upon a railroad or railway in this commonwealth shall, board, upon request, furnish to the board of railroad commissioners full in- formation relative to the character or conduct of such business, the service that is furnished and the rates that are charged, the names of the persons engaged in the business, and the relations existing with any other person, firm, association or corporation conducting a trans- portation or express business upon a railroad or railway. Section 4. The board upon its own initiative or upon the request Etecommenda- . . . ...... tions as to of any person after a public hearing and investigation, if it is of the rates, accom- opinion that a change in the rates charged or accommodations furnished mo ' by any person, firm, association or corporation doing an express busi- ness upon a railroad or railway in this commonwealth, or in the method in which the business is conducted, is reasonable and expedient, in order to promote the convenience and accommodation of the public, shall in writing inform such person, firm, association or corporation of the change which it recommends should be made. [Approved June 8, 1908. 10c 1906. 463. part I. § 23, amended. Alteration of crossings. 1906, 463, part I, § 25, amended. Award to be made by a special commission. 1908. Chapter 542. An Act further to define the Duties of County Commissioners in the Alteration of Crossings. Section 1. Section twenty-three of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by inserting after the word " board ", in the seven- teenth line, the words : — This proceeding may include any case where there is need of the rebuilding of a highway bridge or any structural change or renewal for the purpose of strengthening or improving it, — and by inserting after the word " building ", in the twentieth line, the words : — rebuilding, changing, renewing, — so as to read as fol- lows : — Section 23. If a public way and a railroad cross each other, and the board of aldermen of the city or the selectmen of the town in which the crossing is situated, or the directors of the railroad corpora- tion, or the directors of a street railway company having tracks on the said way are of opinion that it is necessary for the security or con- venience of the public that an alteration which does not involve the abolition of a crossing at grade should be made in the crossing, the approaches thereto, the location of the railroad or way, or in a bridge at the crossing, they shall apply to the county commissioners, or, if the crossing is situated in the city of Boston, to the board of railroad com- missioners, who shall, after public notice, hear all parties interested, and, if they decide that such alteration is necessary, shall prescribe the manner and limits within which it shall be made, and shall forthwith certify their decision to the parties and to said board. This proceed- ing may include any case where there is need of the rebuilding of a highway bridge or any structural change or renewal for the purpose of strengthening or improving it. In case any street railway company is authorized to lay and use tracks upon the said way, the said com- pany shall bear such part of the expense of building, rebuilding, changing, renewing, repairing or improving a bridge forming a part of said way, or of altering or improving the approaches thereto, as shall be deemed to be just by the commission provided for in sections twenty-five and twenty-six. Section 2. Section twenty-five of Part I of said chapter is hereby amended by inserting after the word " such ", in the sixth line, the words : — bridge or, — and by inserting after the word " such ", in the twenty-first line, the words : — bridge or crossing and, — so as to read as follows : — Section 25. A special commission of three disin- terested persons, who shall be appointed as provided in the following section, shall determine which party shall carry such decision into effect and which party shall pay the charges and expenses of making such alteration and the future charges for keeping such bridge or crossing and the approaches thereto in repair, as well as the costs of the appli- cation to the county commissioners, or the board of railroad commis- sioners, and of the hearing before said special commission ; and it may apportion all such charges, expenses and costs between the railroad corporation, the street railway company having tracks on said way, and the counties, cities or towns in which said crossing is situated and other cities and towns which may be specially benefited. . If a street railway company is authorized to lay and use tracks upon any bridge in a highway which is built or repaired or altered as above provided for, or the approaches to which are altered or improved as above pro- vided for, the said commission shall determine what part of the charges and expenses of making such changes or improvements, or of keeping such bridge or crossing and approaches in good condition, shall be paid by the said street railway company. [Approved May 26, 1908. 10d 11a 1906. 463, part I, § 23, amended. Alteration of crossings. Board to act, when. Mystic avenue bridge, etc. [See page 11, § 23.] 1909. Chapter 47. An Act further to define the Duties of County Commissioners in the Alteration of Crossings. Section 1. Section twenty-three of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, as amended by section one of chapter rive hundred and forty-two of the acts of the year nineteen hundred and eight, is hereby further amended by inserting after the word " situated ", in the twelfth line, the words : — in whole or in part, — so as to read as follows : — Section 23. If a public way and a railroad cross each other, and the board of alder- men of the city or the selectmen of the town in which the crossing is situated, or the directors of the railroad corporation, or the directors of a street railway company having tracks on the said way are of opinion that it is necessary for the security or convenience of the public that an alteration which does not involve the abolition of a crossing at grade should be made in the crossing, the approaches thereto, the location of the railroad or way, or in a bridge at the crossing, they shall apply to the county commissioners, or, if the crossing is situated, in whole or in part, in the city of Boston, to the board of railroad commissioners, who shall, after public notice, hear all parties interested, and, if they decide that such alteration is necessary, shall prescribe the manner and limits within which it shall be made, and shall forthwith certify their decision to the parties and to said board. This proceeding may include any case where there is need of the rebuilding of a highway bridge or any structural change or renewal for the purpose of strengthening or improving it. In case any street railway company is authorized to lay and use tracks upon the said way, the said company shall bear such part of the expense of building, rebuilding, changing, renewing, repair- ing or improving a bridge forming a part of said way, or of altering or improving the approaches thereto, as shall be deemed to be just by the commission provided for in sections twenty-five and twenty-six. Section 2. The board of railroad commissioners shall have juris- diction of the petition heretofore filed with said board for the alteration and rebuilding of the bridge at the crossing of Mystic avenue over tracks of the Boston and Albany Railroad Company and the Boston and Maine Railroad therein described as within the city of Boston, notwithstanding the fact that said crossing and said bridge and its abutments and approaches may be located partly in the city of Boston and partly in the city of Somerville, as if section one of this act had been in force at the date of said petition. Section 3. This act shall take effect upon its passage. [Approved February 9, 1909. ALTERATION OF CROSSINGS. H notice to the parties interested and a hearing, impose conditions, limitations, restrictions and regulations relative to such crossing, its construction and use, and may from time to time change and modify them. ALTERATION OF CROSSINGS. Section 23. If a public way and a railroad cross each other. Alteration of and the board of aldermen of the city or the selectmen of the isTI!^.' town in which the crossing is situated, or the directors of the $§f railroad corporation, or the directors of a street railway com- |$'f'| 62, pany having tracks on the said way are of opinion that it is nee- if 7 ] 4 3- 3' 7 «> essary for the security or convenience of the public that an alter- L©6l * ation which does not involve the abolition of a crossing at grade § 120- should be made in the crossing, the approaches thereto, the loca- ii. l'. hi', tion of the railroad or way, or in a bridge at the crossing, they 1902, '533. § 1. shall apply to the county commissioners, or, if the crossing is ii^Massftij. situated in the city of Boston, to the board of railroad commis- J;-", 1 Mass.lio! sioners, who shall, after public notice, hear all parties interested, 1'ij ^ ;,ss - fsi. 7 -1 • i 1 i lil .Mass. 13o. and, 11 they decide that such alteration is necessary, shall pre- |J,| Mass. in- scribe the manner and limits within which it shall be made, and 175 Mass! 430". shall forthwith certify their decision to the parties and to said its Mass'. 319.' board. In case any street railway company is authorized to lay and use tracks upon the said way, the said company shall bear such part of the expense of building, repairing or improving a bridge forming a part of said way, or of altering or improving the approaches thereto, as shall be deemed to be just by the com- mission provided for in sections twenty-five and twenty-six. Section 24. If it is decided that the location of the railroad Li ' n<1 ma >' be i?i in i i iii i taken and or of the way shall he changed, land or other property may be damages taken therefor according to the provisions of law authorizing the 1874,305, § 2; taking of land by railroad corporations or for highways or town p. s. 112! ways, as the case may be; and all damages caused by such tak- 1885,194, ing or otherwise shall be assessed in the manner provided in case r. f./ni, of the taking of land by railroad corporations, or for highways fy 1 ^^ 135 and town ways, respectively. [See Part I I, §§ 82-95.] [See also R.L. 48.] 184 Mass. 491. Section 25. A special commission of three disinterested per- Award to be sons, who shall be appointed as provided in the following sec- specjaicom- tion, shall determine which party shall carry such decision into 18 7 2, 262, § -2 effect and which party shall pay the charges and expenses of is?!; 175, §3. making such alteration and the future charges for keeping such fifi. 112, crossing and the approaches thereto in repair, as well as the costs [||| ',;!'• 5 *■ of the application to the county commissioner-, or the board of J ; l r lll > railroad commissioners, and of the hearing before said special 1902/533, § 2. . . , ., -nii 156 Mass 219. commission; and it may apportion all such charges, expenses L64Mass.3ii. and costs between the railroad corporation, the street railway company having tracks on said way, and the counties, cities or (owns in which said crossing is situated and other cities and towns which may be specially benefited. If a streel railway company is authorized to lay and use tracks upon any bridge in a highway which is built or repaired or altered as above pro- vided for, or the approaches to which are altered or improved as above provided for, the said commission shall determine what 12 ABOLITION OF GRADE CK< »SI \< ;S. Special com- mission, ap- pointment of. 1>7_>. 262, L8 , 372, § 99. L875, 231, | 1. L876, '-'1-'. 1878, I7."». § 1. P. S 112. § L32. 1885, 194, § 5. I ! i 111, § 137. L902 533, § 3. im Mass. 491. Revision by jury. 1875, 231, U 2, 3. 1878, 175, § 2. P. S 112, § 133. R. L. Ill, § 138. L48 Mass. 171. 156 Mass. 217. 1S4 Ma-. 191. Recovery after alteration of proportion of expense. L872, _' t i _' 1874. 372 5 loi. 1'. S. 112, i: l. ill, § 139. 6 Cush. 424 §5. part of the charges mid expenses of making such changes or im- provements, or of keeping such approaches in good condition, shall be paid by the said street railway company. Section 26. Upon the application of the county commission- ers, the board of railroad commissioners, the board of aldermen, the selectmen or the directors of the railroad corporation or of tin- streel railway company for the appointmenl of such com- mission, the superior court shall cause notice thereof to be given to the other parties interested fourteen days at least before the time fixed for the hearing; and thereupon, after a hearing, shall appoint such commission, one member of which shall be a mem- ber of and designated by the board of railroad eommissioners. The special commission shall meet as soon as may be after its appointment, and, after notice to and a hearing of the parties, shall make its award in writing and return the same into said court. Section 27. A party who is aggrieved by, said award may. within fourteen days after it has been so returned, apply to the court for a jury to revise and determine any matter of fact found therein; and thereupon the court, after notice to all par- ties interested, shall order a trial by jury in the same manner as civil cases are tried by jury. The decree of the court upon said award or upon the verdict of a jury shall be final and bind- ing, and said court shall have jurisdiction in equity to enforce compliance therewith, and also to issue and enforce such inter- locutory decrees and orders as justice may require. Section 28. The party designated for that duty, having carried into effect the decision of the county commissioners, may, in an action of contract, recover of any other party the proportion awarded to be paid by such other party, with inter- est; and if the party so designated unreasonably neglects or refuses to carry the decision into effect, any other party who is affected by such neglect or refusal may proceed to do it, and may, in an action of contract, recover from each or all of the others the proportion awarded to be paid by him or them, re- spectively, and from the party so neglecting or refusing, all charges, expenses and costs occasioned thereby. Chapter appli- cable to rail- roa 1 crossings. 1884, 280. Revised Laws, Chapter 50, § 14. Section 14. The previsions of this chapter shall apply to any alteration of a highway, townway, bridge or its approaches, which arc made in pursuance of sections one hundred and thirty-four to one hundred and thirty-nine, inclusive, of chapter one hundred and eleven. [Now 1906, 463, Part I, §§ 23-28.] Commission to abolish grade cross- ing, iss.y 194, § 1. 1890, 428, §§ 1. 11. 1891, 202. 1894, 216. ABOLITION OF GRADE CROSSINGS. Section 20. The board of aldermen of a city or the select- men of a town in which a public or private way and a railroad cross each other at grade, the directors of the railroad corpo- ration, or the directors of a street railway company having a Location in the part of such public way where the crossing ex- 12b 1908. Chapter 372. An Act relative to Proceedings for the Abolition of Grade Crossings. Section 1. The attorney-general is hereby authorized to employ a Engineer competent civil engineer at an expense not exceeding five thousand '" examine . & l & grade crossing dollars in any one year, who shall under his direction examine the plans, etc. plans submitted to commissioners for the abolition of grade crossings, the actual work of construction, and the accounts of expenditures sub- mitted to audit i »rs therein, and shall perform such other duties in con- nection with proceedings for the abolition of grade crossings as may be assigned to him. Section 2. Reports of commissioners appointed under the provi- Reports to be sions of section twenty-nine of Part I of chapter four hundred and f^ d wlthout sixty-three of the acts of the year nineteen hundred and six, to abolish grade crossings, and decrees of court affirming the same, may be filed in the registries of deeds for the several counties without the payment of any fee therefor. Section 3. This act shall take effect upon its passage. [Approved April 8, 1908. [Above chapter amended.] 1909. Chapter 429. An Act relative to Proceedings for the Abolition of Grade Crossings. Section 1. Section two of chapter three hundred and seventy-two l90 g i 372, of the acts of the year nineteen hundred and eight is hereby amended ; " ,1, ' M<1 '"' ' by inserting after the word "filed", in the fifth line, the words: — and recorded, — so as to read as follows: — Section 2. Reports of Reports commissioners appointed under the provisions of section twenty-nine out fee. of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, to abolish grade crossings, and decrees of court affirming the same, may be filed and recorded in the registries of deeds for the several counties without the payment of any fee there- for. Section 2. This act shall take effect upon its passage. [Approved Mail 21, 1909. ABOLITION OF GRADE CROSSINGS. 13 ists, or, upon instructions from the governor and council given iS97, 264. after notice to parties interested and a hearing, the attorney- § 149. 1 .ci i.'4.- • n • 4. * *.- t U i. 1902.440.M. general, may tile a petition in the superior court, stating thai i53Mass.i6i, the petitioners are of opinion that it is necessary for the security l'54'Maas. 111 and convenience of the public that an alteration should be so \q\ ^\\ _;'-") made in such crossing, in the approaches thereto, in the location i|| mSs 160' of the railroad or public or private way, or in the grades thereof, as to avoid a crossing at grade, or that such crossing should be discontinued with or without building a new way in substitu- tion therefor. Said court shall thereupon have jurisdiction in equity, after notice by the petitioners to the board of railroad commissioners of the entry of such petition, and after such no- tice by advertisement or otherwise as said court shall order and a hearing, in its discretion, to appoint a commission of three disinterested persons. Such commission appointed after the pas- sage of this act, shall, if the parties so agree, consist of the mem- bers of the board of railroad commissioners, and they shall serve without compensation other than their official salaries ; and no consent shall be required of them as the board of railroad com- missioners to their decisions as such commission under the pro- visions of section thirty-six. U])on all petitions hereafter filed, and upon all now pending on which no commission has been ap- pointed, for the abolition, discontinuance or alteration of grade crossings, any street railw T ay company having a location in the part of the public way where the crossing exists, shall be made a party and entitled to be heard as such. Section 30. A party bringing a petition under the provi- igo^'ogs * x sions of the preceding section shall be entitled to have taxed as costs as in other civil cases the fees for service and cost of pub- lication of such petition, the fees for entry of the same in the superior court, together with all costs of hearing before the su- perior or supreme judicial court, or before any auditor or master appointed by said courts. Section 31. A party incurring the expense of making plans Same. . , , '. .• . f , 1 ' . ' ' . 1902, 298, § 2. required by a commission appointed under section twenty-nine. or for use in the superior or supreme judicial court concerning any grade crossing, the abolition, discontinuance or alteration of which is petitioned for, may in the discretion of the court have the cost of such plans allowed. Section o2. The fees and expenses of the commission an- payment 1905 408 5 1. pointed under the provisions of section twenty nine, after having been approved by a justice of the superior court, shall be paid, in the first instance, by the railroad corporation, but the fees and expenses so paid, including the costs and expenses specified in the two preceding sections, shall thereafter be apportioned to and paid by the respective parties as provided by section thirty- four. Section 33. A petition under the provisions of section Petitionmay twenty-nine may include several crossings, or several railroads several croes- erossing at or near the same point, or by order of the court two lsld, 428, or more petitions may be consolidated and heard as one. Ser- [§91,33, § 1. 14 ABOLITION OF GRADE CROSSINGS. r. l. in, vice of such petition and of all notices or processes thereunder may be made upon the commonwealth by serving upon the at- torney-general personally, or by leaving in his office an attested copy thereof. fo^res'cribe Section 34. The commission appointed under the provisions ^n,? 11 , 6 ^'^"/- of section twenty-nine shall meet at once, and if, after notice 1890, 42o, jo- i i • • l ■ t i • -i i89i ? 33, § 2. and a hearing, it decides that the security and convenience of 189"! 264. the public require the alterations to be made, it shall prescribe s 151. the manner and limits thereof, and shall determine which of the 153 Mass.' 576." parties shall do the work, or shall apportion the work to be done uw Mass! 495. between each of the railroad corporations and the city or town. 172 Mass. 5, ^he railroad corporations shall pay sixty-live per cent of the total actual cost of the alterations as aforesaid, including therein in addition to the cost of construction the actual cost to the street railway company of changing its railway and location to con- form to the decree of the court, the cost of the hearing, the com- pensation of the commissioners and auditors and all damages, except as otherwise provided. Said commission may, subject to a right of appeal to the superior court by the street railway com- pany or by the commonwealth for a revision by a jury of the amount of such assessment, if a claim therefor is filed in the clerk's office of said court within thirty days after the making of such assessment, assess upon any street railway company made a party to the proceedings such percentage of said total cost, not exceeding fifteen per cent thereof, as may, in the judgment of said commission be just and equitable ; and such assessment, as confirmed by the court, shall be in lieu of any assessment or contribution required by any special act or grant of location. The remainder of said total cost shall be apportioned by the commission between the commonwealth and the city or town in which the crossing or crossings are situated, but not more than ten per cent of said total cost shall be apportioned to such city or town. The commission shall equitably apportion the sixty- five per cent to be paid by the railroad corporation between the several railroads which may be parties to the proceedings. If the crossing was established after the twenty-first day of June in the year eighteen hundred and ninety, no part of said cost shall be charged to the commonwealth ; and such part thereof as be- comes thereby unapportion-able shall be borne by the railroad corporation, the street railway company, if any, and the city or town, in addition to the other amounts payable by them, in such proportions as the commission shall determine. If the cross- ing is of a railroad and a private way, and no crossing of a pub- lic way is abolished in connection therewith, the entire cost as aforesaid shall be paid by the railroad corporation. Whenever in any case in which a street railway company has been required to contribute to the expense of abolishing a grade crossing, any of its locations shall be so changed or revoked by any board of aldermen or selectmen without its consent as to render impos- sible, or in the opinion of the board of railroad commissioners unprofitable, the further exercise of the privilege of operating ABOLITION OF GRADE CROSSINGS. 15 its railway in the part of the public way where such grade cross- ing has been abolished, the amount contributed by such company to the expense of abolishing such grade crossing shall be ascer- tained by the board of railroad commissioners, and certified to the treasurer of the commonwealth, who shall pay the same to the company from the treasury of the commonwealth; and any amount so received by the company shall be expended only for such construction or equipment purposes as the board of rail- road commissioners shall approve. Section 35. The amount of any assessment upon or con- Assessment tribution by a street railway company toward the cost of abolish- street railway ing a grade crossing shall be deemed and taken in all proceed- deemed pan ings thereafter as a part of the value of its property for street ^property, ° f railway purposes; and such company may issue stock or bonds 1902, 440, § 7. to such amount as the board of railroad commissioners shall, subject to the laws relating to the issue of stocks and bonds by street railway companies, approve as reasonably necessary to provide for the payment of such assessment or contribution. Section 36. The commission shall specify what part, if any, Finding of of an existing public or private way shall be discontinued, the Contents, grade for the railroad and the way, the changes to be made in 1S90, 428, § 4. the location and grades of the street railway in such public way, ifgf ; 216. the general method of construction and what land or other prop- if 9 // fn' erty it considers necessary to be taken, and may provide for the fgoo 2 ^ 5 3 taking of an easement in land adjoining the location of a public }22 5 v, 408i lj- P J . P ■» 163 Mass. 3o6. or private way or of a railroad, consisting of a right to have the i&> Mas-, nc, 1 . J -i 1 • • 171 Mass. 228. land of the location protected by having the surface of such ad- joining land slope from the boundary of the location in a man- ner specified by the commission, but if such decision involves a change in the grade of the railroad the consent of the board of railroad commissioners to such change shall first be obtained. Said commission shall forthwith return its decision to the su- perior court, the decree of which, confirming such decision, shall be final and binding. If the commission decides that the loca- tion of the street railway shall be changed, the decree of the court confirming such decision shall establish the location as thus changed. If the commission decides that the location <>!" the railroad or of the public or private way shall be changed, the decree of the court confirming such decision shall constitute a taking of the specified land, easemenl <>r other property; and the clerk of said court shall, within thirty days a Tier such de cree, cause a copy of the decision and decree to he tiled with the county commissioners of the county or counties in which the land or other properly taken or the land subject to the easement taken and the crossing are situated, l<> he recorded in the regis- try of deeds for the counties and districts in which such lands, property and crossings are situated, and to he tiled with the auditor of the commonwealth. Said taking shall lie a taking by the city or town if" the land or easemenl is to he used for or in connection with a public way, or by the railroad corporation if the land or easement is to he v7, L-G4 tions of the grade of a public way, or by an abutter thereon by L898, 200. ii- • i» i " 1900,463. the discontinuance of such public way, to the same extent as §153. ' damages arc recoverable by abutters on ways discontinued by L9051 «»! I 3! towns, or by the taking of an easement in land adjoining a pub- 164 Mass! 354! li c wa J> sn;l 'l primarily be paid by the city or town; and all !:i Mass.'IM; damages which may be caused by the taking of land for the rail- i?2Mass iso roa d or D J * ne change or discontinuance of a private way, or by 173 Mass. 432. the taking of an easement in land adjoining a private way or a 176 Mass! 101! railroad location in connection with the abolition of a grade L85Mass;56o! crossing shall primarily be paid by the railroad corporation; and all damages which may be sustained by any person by the abolition of private ways, except as hereinbefore provided, shall be entirely paid by the railroad corporation. If the parties interested cannot agree upon said damages, any party may have the damages determined by a jury in the superior court for the county in which the property and crossing are situated, on petition, brought within one year after the time the property is entered upon and work actually begun thereon, in the same manner as damages may be determined which are caused by the taking of land for the locating of railroads and the laying out or discontinuance of public ways, respectively, in such city or town ; but all expense which results from the necessary relocat- ing or changing of streams and water courses forming the nat- ural drainage channels of the territory in which alterations of grades are authorized and of sewers, drains and pipes therein owned and operated by municipal corporations shall be primarily paid by said city or town, and shall be a part of the actual cost of the alterations specified in section thirty-four. A party who recovers damages in such proceedings shall also recover costs as in other civil cases, and the court may in its discretion allow, as a part of such costs, the reasonable expenses incurred for sur- veys and plans. of a lros£nK C and Section 38. After the completion of the work, the expense il90°428 es § 6 °^ maintenance and repair shall be paid as follows: if the pub- r 9 l'iii §2 ' lie way crosses the railroad by an overhead bridge, the frame- §154. work of the bridge and its abutments shall be maintained and kept in repair by the railroad corporation, and the surface of the bridge and its approaches shall be maintained and kept in repair by the city or town in which they are situated; if the public way passes under the railroad, the bridge and its abut- ments shall be maintained and kept in repair by the railroad corporation, and the public way and its approaches shall be maintained and kept in repair by the city or town in which they arc situated; if several railroads cross a public way at or near a given point, the commission shall apportion and award 106 [See page 16, § 37 ; page 17 § 39.] 1908. [Chapter 390.] An Act relative to the Powers and Duties of Auditors in Proceedings for the Abolition of Grade Crossings. Section' 1. Section thirty-seven of Part I of chapter four hundred 1906 - T 46 3. and sixty-throe of the acts of the year nineteen hundred and six is amended, hereby amended by inserting after the word "corporation", in the seventeenth line, the words: — Any amount paid by way of damages by either the city or town or the railroad corporation primarily liable therefor shall be subject to investigation by the auditor, unless such settlements are assented to in writing by all parties to the proceeding, as provided in section thirty-nine, — so as to read as follows: — Sec- Damages. lion 37. All damages which may be sustained by any person in his property by the taking of land for or by the alterations of the grade of a public way, or by an abutter thereon by the discontinuance of such public way, to the same extent as damages are recoverable by abutters on ways discontinued by towns, or by the taking of an ease- ment in land adjoining a public way, shall primarily be paid by the city or town; and all damages which may be caused by the taking of land for the railroad or by the change or discontinuance of a private way, or by the taking of an easement in land adjoining a private way or a railroad location in connection with the abolition of a grade crossing shall primarily be paid by the railroad corporation; and all damages which may be sustained by any person by the abolition of private ways, except as hereinbefore provided, shall be entirely paid by the railroad corporation. Any amount paid by way of damages by either the city or town or the railroad corporation primarily liable therefor shall be subject to investigation by the auditor, unless such settlements are assented to in writing by all parties to the proceeding, as provided in section thirty-nine. If the parties interested cannol agree upon said damages, any party may have the damages determined by a jury in the superior court for the county in which the property and crossing are situated, on petition, brought within one year after the time the property is entered upon and work actually begun thereon, in the same manner as damages may be determined which arc caused by the taking of land for the locating of railroads and the laying out or discontinuance of public ways, respectively, in such city or town; but all expense which results from the necessary relocating or changing of streams and water courses forming the natural drainage channels of the territory in which alterations of grades are authorized and of sewers, drains and pipes therein owned and operated by municipal corporations shall be primarily paid by said city or town, and shall be a part of the actual cost of the alterations specified in section thirty-four. A party who recovers damages in such proceedings shall also recover costs as in other civil cases, and the court may in its discretion allow, as a, part of such costs, the reasonable expenses in curred for surveys and plans. Skction 2. Section thirty-nine of Part 1 of said chapter four hun ][H)I ;, ir,. ; . dred and sixty-three is hereby amended by inserting before the word ! 1 ', : ' 1 |, , ., l 1 ,. "Such", in the ninth line, the words: — The auditor shall upon request of any of the parties to the proceeding investigate the amounts pre sented for allowance by any city or town or any railroad corporation as expended in the payment of damages for land taken or affected 16c by reason of the proposed alteration, which have been paid by the party primarily liable therefor, as provided in section thirty-seven, unless it appears that all of the parties to the proceeding for the abolition of the grade crossing have assented in writing to the pay- ment or settlement so made by the party primarily liable, and in case the auditor determines that the amount so paid is in excess of what in Ins opinion should have been properly paid therefor, he shall allow only such portion of the amount so paid as he may deem to be just Auditor, and reasonable, — so as to read as follows: — Section 39. The court duties, shall a pp i n t an auditor, who shall be a disinterested person, not an compensation. ^v _ ... inhabitant of the city or town in which the crossing is situated, whose compensation shall be determined by the court and to whom shall from time to time be submitted all accounts of expense incurred by the railroad corporations, street railway companies, if any, city, town, commission or auditor, and who shall audit the same and make report thereon to the court. The auditor shall upon request of any of the parties to the proceeding investigate the amounts presented for allow- ance by any city or town or any railroad corporation as expended in the payment of damages for land taken or affected by reason of the proposed alteration, which have been paid by the party primarily liable therefor, as provided in section thirty-seven, unless it appears that all of the parties to the proceeding for the abolition of the grade crossing have assented in writing to the payment or settlement so made by the party primarily liable, and in case the auditor determines that the amount so paid is in excess of what in his opinion should have been properly paid therefor, he shall allow only such portion of the amount so paid as he may deem to be just and reasonable. Such auditing, when accepted by the court, shall be final. A certified copy of such report and the decree of the court thereon shall be filed with the auditor of the commonwealth. The court shall, from time to time, issue its decrees for payments on the part of the railroad corporation and on the part of any street railway company, not exceeding the amounts apportioned to them respectively by said auditor in his re- port, and for the payment by the commonwealth of a sum not exceed- ing the amounts apportioned to it and to the city or town ; and such city or town shall repay to the commonwealth the amount apportioned to it, with interest thereon, payable annually at the rate of four per cent from the date of the acceptance of the report of the auditor. Such repayment of the principal shall be made annually in such amounts as the auditor of the commonwealth may designate; and the amount of payment designated for the year, with the interest due on the outstanding principal, shall be included by the treasurer and receiver general in the amount charged to such city or town, and shall be assessed upon it in the apportionment and assessment of its annual state tax. The treasurer and receiver general shall in each year notify such city or town of the amount of such assessment, which shall be paid by it into the treasury of the commonwealth as a part of, and at the time required for, the payment of its state tax. "When the final assessment on a city or town has been paid by it, the treasurer and receiver general shall repay to it. in reduction of said final payment, the amount of interest, if any, which has been assessed to and paid by it in excess of the actual interest cost to the commonwealth for money borrowed for the abolition of grade crossings previous to the payment of said final assessment. Section 3. This act shall take effect upon its passage. {Approved April 11, 1908. ABOLITION OF GRADE CROSSINGS. 17 iii what manner and proportion each of said railroad corpora- tions shall maintain and keep in repair the framework of the bridge and its abutments if the public way crosses the railroad by an overhead bridge, and the bridge and its abutments if the public way passes under said railroads. Section 39. The court shall appoinl an auditor, who shall dutles^com- be a disinterested person, not an inhabitant of the city or town '/^"(V 1 ']'.:" '§ 7 in which the crossing is situated, whose compensation shall be J s!,: , : - '■^'■•- iii i i 1 n ^ ■ • 1»94, 545. determined by the court and to whom shall from time to time 1898,538. be submitted all accounts of expense incurred by the railroad § 155. •i • •£ ■' 1902. 440, § 4. corporations, street railway companies, it any, city, town, com- nu Mass.32. mission or auditor, and who shall audit the same and make re- ni Mass! 117! port thereon to the court. Such auditing, when accepted by the court, shall be final. A certified copy of such report and the decree of the court thereon shall be filed with, the auditor of the commonwealth. The court shall, from time to time, issue its decrees for payments on the part of the railroad corporation and on the part of any street railway company, not exceeding the amounts apportioned to them respectively by said auditor in his report, and for the payment by the commonwealth of a sum not exceeding the amounts apportioned to it and to the city or town ; and such city or town shall repay to the commonwealth the amount apportioned to it, with interest thereon, payable annu- ally at the rate of four per cent from the date of the acceptance of the report of the auditor. Such repayment of the principal shall be made annually in such amounts as the auditor of the commonwealth may designate ; and the amount of payment des- ignated for the year, with the interest due on the outstanding principal, shall be included by the treasurer and receiver gen- eral in the amount charged to such city or town, and shall be assessed upon it in the apportionment and assessment of its annual state tax. The treasurer and receiver general shall in each year notify such city or town of the amount of such assess- ment, which shall be paid by it into the treasury of the common- wealth as a part of, and at the time required for, the payment of its state tax. When the final assessment on a city or town has been paid by it, the treasurer and receiver general shall repay to it, in reduction of said final payment, the amount of interest, if any, which lias been assessed to and paid by it in excess of the actual interest cost to the commonwealth for money borrowed for the abolition of grade crossings previous to the payment of said final assessment. Skction 40. The superior court shall have jurisdiction in Enforcement equity to enforce compliance with the provisions of sections L890,428,§8 twenty-nine to forty-live, inclusive, and with the decrees, agree r. l! ill! nienfs and decisions made thereunder; and may issue and | 62 \\ .,. .-,,,1 in force such interlocutory decrees and orders as justice may require, and any order, appointment or decree under the provi sions of said sections may be made in any county. Skction 41. If the board of aldermen of a city or the selecl Proc lings 11 1 •• -it 1 men of a town in which a public way and a railroad cross each mei alterations. 28 ABOLITION OF GRADE CROSSINGS. 1S90, 42s § 9. other and the directors of the railroad corporation are of opinion §157. thai ii is necessary for the security and convenience of the pub- 153 Mass. 161. j. q t ^^ { alterations should be made in such crossing, in the ap- proaches thereto, in the location of the railroad or public way or in the grades thereof, or in a bridge at such crossing, or that such crossing should be discontinued with or without building a new way in substitution therefor, and they agree as to the altera- tions which should be made, an instrument in writing signed, in behalf of a city, by the mayor, authorized by the board of aldermen, or, in behalf of a town, by the chairman of the select- men, authorized by the selectmen, and by the president of the railroad corporation, authorized by its directors, specifying the manner and limits within which the alterations shall be made, and by which party the work shall be done, or how it shall be apportioned between the city or town and the railroad corpora- tion, the general method of construction, the grades for the rail- road and the public way or ways, and also what land or other property it is necessary to take, and what portion, if any, of an existing public way is to be discontinued, and how the cost thereof shall be apportioned between the city or town and the railroad corporation, shall lie valid and binding on the city or town and the railroad corporation, respectively, and have the same force and effect as a decree of the court under the provi- sions of section thirty-six, if the board of railroad commission- ers, after notice to all parties interested by advertisement and a public hearing, approve of the alterations set forth in the agree- ment as necessary for the convenience and security of the public. Said approval by said board shall constitute a taking of the land and other property specified in the agreement as necessary to be taken, and the clerk of said board shall, within thirty days after such approval, cause a copy of the agreement and approval to be filed with the county commissioners of the county or coun- ties in which the land or other property taken and the crossing- are situated, to be recorded in the registry of deeds for the coun- ties and districts in which such land, property and crossing are situated, and also to be filed with the auditor of the common- wealth. The provisions of section thirty-six relative to the taking of land under a decree of the court and of section thirty-seven relative to the recovery of damages sustained by any person in consequence of such taking, or of the alterations made in pur- suance of said decree, shall apply to the taking of land and to damages sustained under an agreement made pursuant to the provisions of this section. The crossing and approaches shall be maintained and kept in repair as provided in section thirty-eight. If the agreement provides for the abolition of a public grade crossing, the board of railroad commissioners shall keep itself informed of the progress and character of the work and of the amounts reasonably expended for work done or for damages, so far as rendered necessary for the abolition of the grade crossing; and for that purpose it may employ any necessary agents, and, from time to time as it may consider proper, shall issue certified ABOLITION' OF GRADE CROSSINGS. . 19 statements of the amount legally and properly expended for such abolition of a grade crossing; and the commonwealth shall pay to the parties entitled thereto under the agreement twenty per cent of such expenditure. Section 42. For the further abolition of grade crossings, in Payments by accordance with the provisions of sections twenty-nine to forty- wealth?" 1 ' five, inclusive, an expenditure of rive million dollars by the com- sinking fund, monwealth is hereby authorized. The amounts so to be paid by if 93; tH'. 5 10 ' the commonwealth in any one year shall not exceed five hundred if 9 , 6 -.? 39, thousand dollars, but if in any one year the expenditure by the r;fe n1, commonwealth shall not amount to five hundred thousand dol- 1902, 440, § 5. lars, the unexpended remainder thereof shall be added to the five 305.] ' hundred thousand dollars allowed to be paid by ir in any subse- quent year. In computing the amount paid and to be paid by the commonwealth, the amounts apportioned. to cities and towns and advanced by the commonwealth under the provisions of sec- tion thirty-nine shall not be included. To meet the expenditure hereby authorized, the treasurer and receiver general, with the approval of the governor and council, shall issue scrip or cer- tificates of indebtedness to an amount not exceeding five million dollars as an addition to the Abolition of Grade Crossings Loan, Abolition of and shall add, in the manner provided in section one hundred mgsioan. s and fifty-eight of chapter one hundred and eleven of the Revised fissf'see' 111 ' Laws, to the existing sinking fund to provide for the payment of bduw l the same. Such scrip or certificates of indebtedness shall be issued as registered bonds, bearing interest at a rate not exceed- ing four per cent per annum, payable semi-annually on the first days of May and November. The amount necessary to meet tht 1 annual requirement of said sinking fund and to pay the interest on said bonds shall be raised by taxation from year to year. Revised Laws, Chapter 111, § 158. [Unrepealed, see Part II, § 258.] Section 158. The amount to be paid under the provisions of the Payments by preceding nine sections by the commonwealth in any one year, the year Iveaii'i"" beginning with the twentv-flrst day of June, shall noi exceed five H ."'"- ls - , , ■ • • Sinking fund. hundred thousand dollars, and the total amount shall not exceed five L890,428,§ 10. million dollars; but if in any year the expenditure by the common- \s RAILROAD AND STREET RAILWAY POLICE. By-laws. ( officers. 1S74. 375 1875, 49. § P. S. 115, §§ 5, 6. § 6. 1. — approval of 1882, 244. §§ 2, 3. R. L. 125, § IS. Railroad, etc., company may associate with employees. 1886, 125. 1890, 181, § 2. R.L. 125, § 19. — police. 1871, 331, §S 1,8. 1874, 372, § 143. 1880, 85, § 1. P. S. 103, § 13. 1895, 318, §§ 1, 4. R, L. 108, §§ 13, 21. Section 6. The corporation may prescribe by its by-laws the manner in which, and the officers and agents by whom, the purposes of its incorporation may be accomplished, and, instead of the directors and other officers to he chosen at the first meeting, it may have a board of other officers with the powers of directors, and presiding, financial and recording officers with the powers of president, treasurer and clerk; and its certificate of organization may he made, signed and sworn to by its presiding, financial and recording officers and a majority of its other officers having the powers of directors; and the certificate issued by the secretary under the provisions of section twenty of chapter one hundred and ten shall be modified to correspond with the facts in each case. Section 47. The by-laws of such corporation shall be ap- proved by the board of railroad commissioners, and shall pre- scribe the manner in which, and the officers and agents by whom, the purpose of its incorporation may be carried out, and also the manner in which its property may be invested. Such corpora- tion shall annually, and as often as may be required by the board of railroad commissioners, render to said board such state- ments of its membership and financial transactions and such other information relative thereto as said board may consider necessary for a proper exhibit of its business and standing. Said board may verify such statement by an examination of the books and papers of the corporation; and whoever, having charge or custody of such books and papers, neglects to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars. Section 48. A railroad corporation which operates a rail- road or portion thereof in this common wealth, or a street rail- way company, may, by vote of its directors, associate itself with -oven or more of its employees in forming a corporation under the provisions of section forty-six, or may, upon the invitation of any such society, become a member thereof, and may aid such corporation by contributions to its funds or otherwise. The by- laws of such corporation shall provide for the manner in which the railroad corporation or street railway company shall vote and be represented in said corporation. The funds of such corpora- tion shall not be liable to attachment by the trustee, process, or be 'liable to be taken on execution or on any other process, legal or equitable, to satisfy any debt or liability of the railroad cor- poration or street railway company or of any member of the corporation. RAILROAD AND STREET RAILWAY POLICE. Section 49. The mayor of a city, or the selectmen of a town, upon the petition of a railroad corporation having a passenger station in such city or town, or of a street railway company operating a street railway therein, may appoint as many of the persons designated in said petition as police officers as they may doom proper for the purposes and with the powers hereinafter set forth. RAILROAD AND STREET RAILWAY POLICE. 23 Section 50. An attested copy of the record of all such ap- o> py of rt/ . . -ii i /> appointment pointments shall be filed by the petitioner with the clerk oi every tote filed, city or town, other than the city or town of appointment, in 1874:372;' which the railroad corporation or street railway company oper- i878,*90. ates its cars, and in which it is intended that such police officers p 8 s.'fo3, § § 2 i4. shall act; and the filing of such attested copy shall constitute ^t.iM'Jk. the persons named therein railroad or street railway police, re- spectively, within such city or Town, and shall be conclusive evi- dence of the regularity of their appointment. Section 51. Such police officers shall be sworn before a ins- Term of office. '^ -10 — 1001 tice of the peace, and shall hold their offices until their appoint- §§ i.'q. ' ment is revoked by the mayor of the city or the selectmen of the $ 143 372, town in which they are appointed ; but such petitioner, upon p^s/foVi'i.v ceasing to require the services of any of such officers, shall file ^83, 65^ ^ a notice to that effect with the clerk of the city or town in which he is appointed, and with the clerks of the several cities and towns in which notice of such appointment has been filed, and thereupon the power of such officer shall cease. Section 52. Such officers shall, when on duty except as de- Badges, tectives, wear in plain sight a metallic badge, inscribed with the 1874! 372,' words, " Railroad Police ", or " Street Railway Police ", as the fssot'ss, § 3. case may be, and the name or initials of the corporation or com- fg^ 225, § § 2 6 ' pany for which they are appointed ; and the presence of any R - L - 108 > § 16 - such officer on the cars or premises of the corporation or com- pany upon whose petition he was appointed, wearing such badge, shall be prima facie evidence that he is lawfully upon duty. Section 53. Railroad and street railway police officers may Powers of preserve order on the premises and cars of the corporation or i87i, '331, company upon whose petition they are appointed; may, without is 74, 37 2', a warrant, arrest an idle, noisy, intoxicated or disorderly person p § s 4 i03, 46 ' upon such premises or cars; or a passenger upon such cars who ilos^'a^s", § 3. refuses to pay his fare, and remove him to the baggage or other j^- ^ l ^'<> 3 suitable car; may, without a warrant, arrest any person commit- ^3 Mass! 68, ting any of the offences specified in section sixty-six; and street lis Mass. 119. railway police officers may, without a warrant, arrest any per- son committing any of the offences specified in section eighty- four of Part TIL Section 54. The person so arrested shall be taken to the Arrest. police station or other place of lawful detention in the city or police. town in which the arrest is made, or in the city or town in which r 9 l! lot ,' 1 23. the car next stops ; he may be placed in charge of a police officer or constable in either of such cities or towns, to be taken to a lawful place of detention within twenty-four hours after the time of such arrest, Sundays excepted. Complaint shall he made against the person arrested by the officer taking him to the place oi' detention for the offence for which he was arrested 10 a police, district or municipal court, or trial justice having jurisdiction of such offences committed in the city or town in which such person Is detained, and such court or justice shall have jurisdiction of the case. 24 INSPECTION OF EQUIPMENT. Compensation. Section 55. Railroad and street railway police officers shall 1S74, 37_\ . " i .1 5 147. be paid by the corporation or company upon whose petition they r. l. 108, § 20! are appointed. Such corporation or company shall be liable for any official misconduct of such officers to the same extent as for torts of agents or servants in their employ. Fees of rail- road police. 1S90, 4-10, § 9. Revised Laws, Chapter 204, § 4(5. Section' 46. Railroad police shall not be entitled to any fees for attendance upon a trial as witnesses for the commonwealth, but they may be allowed their necessary expenses therefor. Duties of inspectors. 1894, 535, §§ 3. 4. L897, 376, § 1. 11. L. Ill, § 223. Investigation of accidents. 1894, 535. § 5. 1897, 376, § 2. R. L. Ill, § 224. 1906, 463, anu nded. R. L. 19, 6, INSPECTION OF EQUIPMENT. Section 56. Railroad and street railway inspectors who are appointed under the provisions of section one, shall, under the direction of the board of railroad commissioners, examine the roadbed, tracks, crossings, stations, rolling stock, machinery, equipments, appliances and grounds used in or in connection with the operation of railroads or street railways; and if they are considered by an inspector not to be in compliance with the requirements of law, or to be in such condition as to endanger the safety of the public or of employees, he shall so report in writing to said board, which, if it considers it necessary, shall give notice to the corporation or company, or to the persons who own or operate the railroad or street railway, of such failure to comply with the requirements of the law or of such defects, with such recommendation as it may consider necessary or proper. Section 57. An inspector shall, under the direction of the board of railroad commissioners, investigate as promptly as may be any accident upon a railroad or street railway, or resulting from the operation thereof, which causes the death or imperils the life of a passenger, employee or other person, and shall re- port thereon to said board. He shall attend the inquest held in the case of any such death by accident, and may cause any per- son who has knowledge of the facts or circumstances connected with such death to be summoned as a witness to testify at the inquest. Acts of 1907, Chapter 245. An Act relative to the Exemption from the Civil Service Rules of the Experts and Inspectors of the Railroad Commissioners. Sectiox 1. The positions of experts and railroad and railway in- spectors provided for in section one of chapter four hundred and sixty- three of the acts of the year nineteen hundred and six shall be exempt from classification by the civil service commission unless the said com- mission with the approval of the governor and council shall hereafter so classify the same under the authority given them by chapter nineteen of the Revised Laws and acts in amendment thereof and in addition thereto. Section 2. This act shall take effect upon its passage. [Apiiroved March 25, 1907. RAILROAD AND STREET RAILWAY BRIDGES, ETC. 25 RAILROAD AND STREET RAILWAY BRIDGES. Section 58. Every railroad corporation and street railway Examination company shall, upon request of the hoard of railroad commis- Btreet railway sioners, and at least once in two years, cause an examination of 1887,334, its bridges and of the approaches thereto to be made by a com- ftgg/W petent engineer, who shall report the result of his examination, fie® 111, his conclusions and recommendations to the corporation or com- pany, and it shall forthwith transmit a copy of the report to said board. Before a street railway company builds a bridge, it shall first submit the plans thereof to said board for approval. Upon the completion of a new bridge, the railroad corporation or street railway company shall forthwith cause such examina- tion and report to be made and transmitted to said board. The report shall furnish such information, in such detail and with such drawings or prints, as may be requested in writing by said board. Said board may make further examination of the bridge structure if necessary or expedient. The provisions of this section shall not exempt a corporation from making other and more frequent examinations of its bridges and the ap- proaches thereto.* CONDITIONAL SALE OF ROLLING STOCK. Section 59. A contract for the sale of railroad or street ^le^f'roinn- railway rolling stock may stipulate that the title to the prop- fgg c 4 k - 3 . 16 erty sold or contracted to be sold shall not vest in the purchaser §§ i.'4. ' until the purchase price is fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money although possession thereof may be delivered immediately or at any subsequent time, and a contract for the leasing or hiring of such property may stipulate for a conditional sale thereof at the termination of such contract, and that the rentals or amounts to be received thereunder, may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been * Rridffes constructed and used exclusively for street railway purposes should have floor systems similar to those used on steam railroad bridges. While there Is some defer- ence in practice with reference to the details of such Moors the Board under § 58 of Part I of chapter 463 of the Acts of 1906) recommends the following construction : — 1. Ties should lie of hard pine not less than ."> inches by 7 inches and not le~s than s feet long. The Board suggests a length of 9 feet. Ties should be spaced not over 8 inches in the clear. The Board suggests a spacinir ot t; inches in the clear. Ties should he securely fastened to the stringers by spikes or holts. •2. Along tiie ends of the ties should run on each side a wooden guard timber not less than 6 Inches by 6 inches, notched l inch over the ties and bolted to every third or fourth tie. The otiiee of this guard timber is not to prevent a derailed wheel from running off the bridge, hut simply to keep the ties in place. With ties '.i fret long this guard timber will he 16 inches to is inches in the clear outside of the track rails. 3. In order to prevent a derailed truck from running far from the track, even if It should he derailed before reaching the bridge, Inside guard rails should he provided. These rails should he of the same Height as the track mils and should extend across the entire bridge and for a distance of some 60 feet beyond the ends, coming to a point in the Centre of the track, the point being protected by a casting or frog point, if there is a Bharp curve on the a pi i roach the guard rails should be extended around the curve. These rails should not he less than S inches in the clear inside of the track rails and should he securely spiked down to every tie. Such inside guard rails will in most cases guide a derailed truck safely across the bridge, a fact which has been repeated!] demonstrated in connection with steam railroads. 26 ATTACHMENT OF ROLLING STOCK, ETC. fully performed, notwithstanding delivery to and possession by such lessee or bailee. Xo such contract shall be valid as against any subsequent attaching creditor or any subsequent bona fide purchaser for value and without notice unless it is in writing executed by the parties and acknowledged by the vendee, lessee or bailee before a magistrate authorized to take acknowledgments of deeds, and in the same manner as deeds are acknowledged, and recorded in the office of the secretary of the commonwealth ; nor unless each locomotive, engine or car so sold, leased or hired, or contracted to be sold, leased or hired as aforesaid, shall have the name of the vendor, lessor or bailor plainly marked on each side thereof, followed by the word " owner ", " lessor ", or " bailor ", as the case may be. The provisions of chapter one hundred and ninety-eight of the Revised Laws shall not apply to such contract. Record of con- Section GO. A contract authorized by the preceding section tract, and fees. J I o 1894, 326, §2. shall be recorded by the secretary of the commonwealth in a R. L. Ill, § /6. J •> book to be kept lor that purpose, and upon payment m lull ol the purchase money and the performance of the terms and con- ditions stipulated in such contract, a declaration in writing thereof may be made by the vendor, lessor or bailor, or his as- signee on the margin of the record of the contract, attested, or it may be made by a separate instrument, acknowledged by the vendor, lessor or bailor, or his assignee, and recorded as afore- said. A fee of five dollars shall be paid to the secretary of the commonwealth for recording such contract or declaration, and a fee of one dollar for noting such declaration on the margin of the record. ATTACHMENT OF ROLLING STOCK. ™nmg™ock° f Section 61. Railroad cars and engines, and street railway lili' lH' cars > * n Ilse anc ^ making regular passages on railroads or rail- it l llV ! 39' wa . vs > sna H n °t be attached upon mesne process, unless the officer ho Mass.' 131. who makes an attachment of such property has first demanded 187 Mass. 596 of the owners or managers thereof other property upon which to make such attachment equal in value to the ad damnum in the writ, and such owners or managers have refused or neglected to comply with said demand. Such attachment shall be void, un- less the officer certifies in his return that he has made such de- mand, and that the owners or managers have refused or neg- lected to comply therewith. notice of accidents. accidents. Section 62. Every railroad corporation and street railway g 84 !.' 63. 2 § ioo. com P an y shall give immediate notice of ah accident on its rail- 1873' -'in*'/' 1 l " roa< * or railway, which results in a loss of life, to the medical \ 8 Zk6 372 ' examiner of the county who resides nearest to the place of acci- 1878, >. dent, and shall also, within twenty-four hours, give notice to the §'208. " board of railroad commissioners of any such accident or of any § 263 accident of the description of accidents of which said board may 1903, 297. PENALTY FOR LOSS OF LIFE. 27 require notice to be given. For each omission to give such notice, the corporation or company shall forfeit not more than one hundred dollars." Revised Laws, Chapter 24, §§ 11, 14. Section 11. . . . An inquest shall be held in all eases of death by When inquest accident upon a railroad, and the court or justice holding such inquest istt, 200, e § io. or an inquest in case of death by accident upon a street railway shall {^^ 2 $^ H- give seasonable notice of the time and place thereof to the board of 189?! 376! I 2. railroad commissioners. The attorney general or the district attorney may direct an inquest to be held in the case of death by any casualty. Section 14. If a magistrate has reason to believe that an inquest to Report of be held by him relates to the death by accident of a passenger or em- certain^ ' ployee upon a railroad or of a traveller upon a public or private way i^ss^Is at a railroad crossing, or to a death by accident connected with the op- 18S!) - 1 "' 1 eration of a street railway, he shall cause a verbatim report of the i896i 302! evidence to be made and sworn to by the person making it, and the report and the bill for services, after examination and approval in writing by such magistrate, shall be forwarded forthwith to the board of railroad commissioners. Such bill when approved by said board shall be forwarded to the auditor of accounts and be paid by the com- monwealth, assessed on the several corporations owning or operating the railroad or street railway on which the accident occurred and shall be collected in the manner provided in section ten of chapter one hundred and eleven. The magistrate may, in his discretion, refuse fees to witnesses in the employ of the company upon whose railroad the accident occurred. PENALTY FOR LOSS OF LIFE. Section 63. If a corporation which operates a railroad or a Penalty on street railway, by reason of its negligence or by reason of the foMosfonffe unfitness or [gross] negligence of its agents or servants while ge„° C e g etc egh " engaged in its business, causes the death of a passenger, or of a Jg^' |^ person who is in the exercise of due care and who is not a pas- s,s 1-3. senger or in the employ of such corporation, it shall be punished §§ 97 ~$- by a fine of not less than five hundred nor more than Tfive thou- §§ 37,~38.' sand] ten thousand dollars which shall be recovered by an in- istl 3si| dictment prosecuted within one year after the time of the in- is 7-1', '372. jury which caused the death, and shall be paid t<» the executor issi!'i99, or administrator, one half thereof to the use of the widow and p* s! i'iJi' one half to the use of the children of the deceased; or, if there fgfj. 2 ^ are no children, the whole to the use of tbe widow; or, if there 1886! 140. * Under the authority of section 02, Part I, chapter 468, Acts of 1900, the "Board requires that reports be made : — 1. Of all accidents resulting in serious personal Injury, as well as in loss of life, whether of passengers, employees or others. 2. Of all accidents which do not result in personal Injury, hut which cause serious deteo tion of passenger trains or electric cars. When an accident occurs at a station it should lie so reported and the name of the station given ; w hen it occurs elscw here the place should be described with reasonable accuracy. The word " station" will he deemed to mean that part of the railroad premises within which trains are customarily stopped for the purpose of receiving or discharging pas- sengers. The word "road" will be deemed to mean all parts of premises the use of which is Ordinarily necessary tO the operation of the railroad 01' railway. The accidents to be reported are those which are incident to the movement of any engine or car. Each report should include a brief statement of the character of the accident and the nature of the injury. 28 PENALTY FOR LOSS OF LIFE. R..L.111, is qo widow, the whole to the use of the next of kin; but a cor- 11 rush. 512. poration which operates a railroad shall not be so liable for the 10 AiiVn, 189. death of a person while walking or being upon its railroad con- 101 Mass. 201. trary to law or to the reasonable rules and regulations of the !!!s \ia-~ 7. !6 ' eoi poration. Such corporation shall also be liable in damages tie Mass In"' m tne sum °f n °t l ess than five hundred nor more than [five L29Mass.500. thousand! leu thousand dollars, which shall be assessed with 134 Mass. 211. J ' 136 ivLss'fi 48 ' lv f eronce to the degree of culpability of the corporation or of its 139 Mass.' 238, servants or agents, and shall be recovered in an action of tort, 141 'Mass. 471. begun within one year after the injury which caused the death, in' Mass! 425! by the executor or administrator of the deceased for the use of lis Mass! 478, the persons hereinbefore specified in the case of an indictment. I 1 -.:! Mass. 79, If an employee of a railroad corporation, being in the exercise }^\'f 00 ' «« °f due care, is killed under such circumstances as would have lo4 Mass. 4*5, • i i i • • 5 '- >4 \. o,„ entitled him to maintain an action for damages against such cor- L56 Mass. 316, . . » , , . , . , . & . & , nl n ,. . . 320. ]ioration if death had not resulted, the corporation shall be liable 536. [in the same manner and to the same extent] in the sum of nut i6i Mass! 26^ less than five hundred nor more than five thousand dollars, in 162 Mass. 66. ^ ie sam & manner as it would have been if the deceased had not 163 Mass. 132, Deen an employee. But no executor or administrator shall, for }fk ¥, ass - to?- the same cause, avail himself of more than one of the remedies 165 Mass. osl. . . . . 166 Mass. 492. given by the provisions of this section. 171 Mass. 33. 52, 164. 175 Mass. 181. 185 Mass. 510. 188 Mass. 8, 371. 172 Mass. 211. 180 Mass. 490. 187 Mass. 77. 190 Mass. 84. 173 Mass. 136. 182 Mass. 337. Acts of 1907, Chapter 392. An Act to increase the Penalty imposed on a Railroad or Street Railway Corpora- tion for Loss of Life through its Negligence. 1906,463, Section 1. Section sixty-three, Part I. of chapter four hundred and amended. , J , L sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out the word " gross ", in the third line, by striking- out the words " five thousand ", in the eighth and twenty-first lines, and inserting in place thereof in each case the words : — ten thousand, — and by striking out the words " in the same manner and to the same extent ", in the thirty-first and thirty-second lines, and inserting in place thereof the words : — in the sum of not less than five hundred nor more than five thousand dollars, in the same manner, — so as to read as follows : — Section 63. If a corporation which operates a rail- road or a street railway, by reason of its negligence or by reason of the unfitness or negligence of its agent's or servants while engaged in its business, causes the death of a passenger, or of a person who is in the exercise of due care and who is not a passenger or in the employ of such corporation, it shall be punished by a fine of not less than five hundred nor more than ten thousand dollars which shall be recovered by an indictment prosecuted within one year after the time of the injury which caused the death, and shall be paid to the executor or administrator, one half thereof to the use of the widow and one half to the use of the children of the deceased; or, if there are no children, the whole to the use of the widow; or, if there is no widow, the whole to the use of the next of kin ; but a corporation which operates a rail- road shall not be so liable for the death of a person while walking or being upon its railroad contrary to law or to the reasonable rules and regulations of the corporation. Such corporation shall also be liable in damages in the sum of not less than five hundred nor more than ten EVASION OF PAYMENT OF FARE, ETC. 29 thousand dollars, which shall be assessed with reference to the degree of culpability of the corporation or of its servants or agents, and shall be recovered in an action of tort, begun within one year after the injury which caused the death, by the executor or administrator of the deceased for the use of the persons hereinbefore specified in the case of an indictment. If an employee of a railroad corporation, being in the exercise of due care, is killed under such circumstances as would have entitled him to maintain an action for damages against such corporation if death had not resulted, the corporation shall be liable in the sum of not less than live hundred nor more than five thousand dollars, in the same manner as it would have been if the deceased had not been an employee. But no executor or administrator shall, for the same cause, avail himself of more than one of the remedies given by the provisions of this section. Section 2. This act shall not affect any suit or proceeding now pending, or any cause of action or ground of indictment existing prior to the passage of this act. [Approved May 8, 1907. EVASION OF PAYMENT OF FAKE. Section 64. Whoever fraudulently evades or attempts to Evasion of evade the pavment of a toll or fare lawfully established by a fare. M , 1 l ., J . , , . \ 1849, 191. 5 2. railroad corporation or street railway company, either by giving 1857, 240, § 5. a false answer to the collector of the toll or fare, or by travelling §§ 113, 141. beyond the point to which he has paid the same, or by leaving Isti! U\', I 37. the train or car without having paid the toll or fare established P156. 372, for the distance travelled, or otherwise, shall forfeit not less than § xfy 112, five nor more than twenty dollars. Whoever does not upon fj.-. m demand first pay such toll or fare shall not be entitled to be 143 Mass to t i i • n/. 174 Mass. ,,., transported for any distance, and may be ejected from a street L78Mass.64. railway ear: but no person shall be removed from a car of a i85Mass!279. railroad corporation except as provided in section fifty-three, nor from a train except at a regular passenger station. Revised Laws, Chapter 212, § 35. Section 35. Whoever, in or upon a railroad carriage, steamboat ronductTiii or other public conveyance, is disorderly, or disturbs or annoys travellers i> u,,lir convey- in or upon the same by profane, obscene or indecent language, or by 1883, 102. indecent behavior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. INJURY TO SIGNALS. Section 65. Whoever unlawfully and intentionally injures, J&jjjy* molests or destroys any signal of a railroad corporation or streel J, x '' railway company, or any line, wire, posl or other structure or * -"■ . mechanism used in connection with such signal, or prevents or L899 252. in any way interferes with t lie proper working of such signal, 5 262. shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or by both such fine and imprisonment. 6S. 401. 30 THROWING MISSILES, ETC. Throwing missiles, assaulting engineer, etc. 1880, 110. P. S. 112, § 206. R. L. Ill, 5 260. 145 Mass. 403. THROWING MISSILES, ETC. Section GG. Whoever wilfully throws or shoots a missile at a locomotive engine, or railroad or street railway ear or train, or at a person on such engine or car or train, or in any way assaults or interferes with a conductor, engineer, brakeman, or motorman, while in the performance of his duty on or near such engine, or car or train, shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. A person so offending may be arrested without a warrant by an officer au- thorized to serve criminal process, and kept in custody in jail or other convenient place not more than twenty-four hours, Sun- days and legal holidays excepted, at or before the expiration of which time he shall be taken before a proper court or magis- trate, and proceeded against according to law. Leases, etc., to be approved by board. 1894, 506, § 1. R. L. Ill, § 278. A mended. 1907, 686. "Merger bill," so-called. Acquisition of stock of domestic railroads, etc. Voting upon, etc. LEASE OR PURCHASE OF FRANCHISE. Section 67. A lease or purchase and sale of the franchise and property of a railroad corporation, or street railway com- pany, and a consolidation of two or more railroad corporations, or street railway companies, or a contract that either corporation shall perform, all the transportation upon and over the road of the other, whether authorized by general laws or a special act, shall not be valid or binding until the terms thereof shall, after public notice and a hearing, have been approved by the board of railroad commissioners, and a certificate signed by said board, setting forth the vote of approval, shall have been filed in the office of the secretary of the commonwealth. Said board shall announce its decision within thirty days after the final hearing upon the application of any railroad corporation or street rail- way company for permission to lease or sell to, consolidate with or purchase the franchise and other property of, any other rail- road corporation or street railway company, or to contract with any other railroad corporation or street railway company that either corporation shall perform, all the transportation upon and over the road of the other. Acts of 1907, Chapter 585. An Act to restrain the Consolidation of Railroad Corporations. Section 1. No corporation owning, leasing- or operating a railroad wholly or partly in this Commonwealth, nor any person or corporation acting in its interest shall, directly or indirectly, after the passage of this act acquire, or attempt to acquire by purchase, exchange of shares, or in any other way, any shares of the capital stock of any domestic railroad company not lawfully leased, owned or operated by it prior to the iirst day of May in the year nineteen hundred and seven, except under specific authority provided by statute. No such corporation nor any person in its behalf shall, prior to the first day of July, nineteen hundred and eight, vote any such stock which it now holds or may acquire in its own name or in that of any person or corporation acting in its interest, nor attempt to vote the same, at any meeting of the LEASE OR PURCHASE OF FRANCHISE. 31 stockholders of such domestic railroad company, nor exercise, nor attempt to exercise, directly or indirectly, any control, direction, super- vision or influence whatsoever over the acts or doings of such domestic railroad company by virtue of such holding of stock therein. Section 2. No domestic railroad company shall prior to said date Voting at permit any shares of its capital stock owned or controlled by a corpora- shares of tion, as designated in section one, or by any person or corporation stock > xxnUl - acting in its interest, to be voted on behalf of said corporation by its officers, attorneys or agents, or any other person, at any corporate election for directors or officers of such domestic railroad company. No such domestic railroad company, or any officer, director, servant or agent thereof, shall permit or suffer the said corporation designated in section one or any of its officers or agents to exercise any control whatsoever over the corporate acts of such domestic company. No officer, agent, servant or employee of such corporation shall prior to the first day of July, nineteen hundred and eight, be elected or appointed or serve or act as an officer, agent, servant or employee of such domestic railroad company: provided, however, that the provisions of this sec- Proviso, tion shall not apply to any vote upon such shares of stock nor to any action taken under the provisions of section three of this act; nor shall the provisions of this section apply to the election, appointment, service and acts of any officer, agent, servant or employee of any domestic railroad company that may have been lawfully owned, leased or oper- ated prior to the first day of May, nineteen hundred and seven, by such railroad corporation as is designated in section one. If at any annual meeting or at any other meeting held for the purpose of electing officers less than a majority of the stock of such domestic railroad company is represented, no election of officers shall take place. Section 3. The presidents, or a majority of the boards of directors, Application to or the holders of not less than one third in interest of the capital stock r ^froad com- of two or more railroad corporations, may apply to the board of rail- missi0ners - road commissioners for its determination as to whether the consolidation Determination, of the railroads of such corporations is consistent with the public repor ' interest. If the board, after public notice and a hearing, shall find that such consolidation is consistent with the public interest, it shall report its findings to the general court, together with drafts of a law or laws to authorize such consolidation upon the agreement of the cor- porations to be consolidated, and after ratification by a vote of not less than two thirds in interest of the stockholders in each, and under terms and conditions which will effectually prevent any decrease in the facilities for transportation on the railroad of either of such corpora- tions or any increase in the rates for passengers or freight by the said consolidation, and which will, in the opinion of the board, secure to the Commonwealth adequate control over the organization, conduct, and management of the said corporations and railroads, and upon such other terms and conditions as may seem to the board desirable and proper. Section 4. In ease of any lease, purchase and sale or consolidation \o increase as authorized by the Eoregoing section, no rate, fare or chai'ge for rates. transportation of passengers or property shall be increased, and no facilities for transportation shall be diminished thereby, nor in con- nection therewith or as a result thereof shall there be any increase in the aggregate outstanding capital slock or indebtedness of the contract- ing companies. Section 5. A railroad corporation, upon the application of any Switch shipper tendering freight tor transportation, shall construct, maintain connec 10ni 32 LEASE OR PURCHASE OF FRANCHISE. Switch connections, failure to install, etc. Appeal to railroad com- missioners. 1906, 463, Pari I, amended. Railroad com- missioners to approve con- tracts. 1906, 463, Part II, amended. and operate upon reasonable terms a switch connection or switch con- nections with a lateral line of railroad or private side track owned, operated or controlled by such shipper and shall, upon the application df any shipper, provide upon its own property a side track and switch connection with its line of railroad, whenever such side track and switch connection are reasonably practicable, can be put in with safety, and the business therefor is sufficient to justify the same. Section 6. If any railroad corporation shall fail to install or operate any such switch connection with a lateral line of railroad or any such side track and switch connection as aforesaid, after written application therefor has been made to it, any person interested may present the facts to the board of railroad commissioners by written petition, and the board shall investigate the matters stated in such petition, and give such hearing thereon as it may deem necessary or proper. If the board be of opinion that it is safe and practicable to have a connection, substantially as prayed for, established or main- tained, and that the business to be done thereon justifies the construction and maintenance thereof, it shall make an order directing the construc- tion and establishment thereof, specifying the reasonable compensation to be paid for the construction, establishment and maintenance thereof, and may in like manner upon the application of the railroad corpora- tion order the discontinuance of such switch connection. Section 7. Section sixty-seven of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by inserting after the word " companies ", in the fourth line, the words: — or a contract that either corporation shall perform all the transportation upon and over the road of the other, — and by adding at the end thereof the words: — or to contract with any other railroad corporation or street railway company that either corpo- ration shall perform all the transportation upon and over the road of the other, — so as to read as follows : — Section 67. A lease or purchase and sale of the franchise and property of a railroad corpora- tion, or street railway company, and a consolidation of two or more railroad corporations, or street railway companies, or a contract that either corporation shall perform all the transportation upon and over the road of the other, whether authorized by general laws or a special act, shall not be valid or binding until the terms thereof shall, after public notice and a hearing, have been approved by the board of rail- road commissioners, and a certificate signed by said board, setting forth the vote of approval, shall have been filed in the office of the secretary of the commonwealth. Said board shall announce its decision within thirty days after the final hearing upon the application of any railroad corporation or street railway company for permission to lease or sell to, consolidate with or purchase the franchise and other property of, any other railroad corporation or street railway company, or to contract with any other railroad corporation or street railway company that either corporation shall perform all the transportation upon and over the road of the other. Section 8. Section two hundred and nine of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out after the word " section ", in the thirteenth line, the words " two hundred and seven ", and inserting in place thereof the words: — sixty-seven of Part I of this act, — so as to read as follows : — Section 209. Two railroad corporations, which are incorporated under the laws of this commonwealth, and whose rail- roads enter upon or connect with each other, may contract that either LEASE OK PURCHASE OF FRANCHISE. 33 corporation shall perform all the transportation upon and over the railroad of the other; and any such corporation may lease its railroad to any other such corporation; but the facilities for travel and business on either of the railroads of said corporations shall not thereby be diminished. Such leases shall be upon such terms as the directors agree, and as a majority in interest of the stockholders of both corpora- tions at meetings called for the purpose approve, subject to the provi- sions of section sixty-seven of Part I of this act. The income arising from such contracts or leases shall be subject to the provisions of law relative to the right of the commonwealth to purchase the railroads of the railroad corporations or to reduce their tolls, in the same manner as that arising from the use of the railroads. Copies of such contracts or leases shall be deposited with the board of railroad com- missioners, and full statements of the facts shall be set forth in the next annual return of such corporations. The provisions of this section shall not authorize a lease or contract between two railroad corporations, each of which has a terminus in the city of Boston. The railroads of two railroad corporations shall be considered to enter upon or connect with each other, within the meaning of this section, if one of such railroads enters upon, connects with, or intersects a railroad leased to the other or operated by it under a contract as herein authorized. Section 9. A railroad corporation, as hereinbefore designated, which Penalty, violates the provisions of the first three sections of this act, shall be punished by a fine of ten thousand dollars for each offence; and any officer or agent of such railroad corporation who procures, aids or abets such corporation in any violation of said sections, and any partnership, trustee or other person who procures, aids or abets in any violation thereof, shall he punished by fine of one thousand dollars or by imprisonment for not more than one year nor less than six months, or by both such fine and imprisonment. Section - 10. The supreme judicial court shall have jurisdiction in jurisdiction equity upon petition of the attorney-general or of any stockholder in to en orce ' such domestic railroad company to compel the observance, and to re- strain any violation, of the provisions of this act. Section 11. Nothing in this act contained shall he construed as Not to ratify sanctioning or ratifying any acquisition heretofore made by any corpo- i jrevious acta ration owning, leasing, or operating a railroad in this Commonwealth, or by any person, association, trust, or corporation acting in its behalf or controlled by it. of any shares or a beneficial interest in any shares of stock in a domestic railroad company. Section 12. This act shall take effect upon its passage. [Aji/n-nnd June 28, 1907. Section OS. Sections twenty-one, twenty-two, twenty-three, Repeal, twenty-four and twenty-five of chapter one hundred ami eight of the Revised Laws, sections eight, nine, ten. eleven, twelve, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty. twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, seventy-live, seventy-six, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty- eight, one hundred and thirty-nine, one hundred and forty-nine, one hundred and fifty, one hundred and fifty-one, one hundred and fifty-two. one hundred and fifty-three, one hundred and fifty-four, one hundred ami fifty-five, one hundred and fifty-six, 34 LEASE OK l'l UCIIASE OF FRANCHISE. Construction of provisions, etc. Proceedings, etc., not affected. one hundred and fifty-seven, one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-nine, two hundred and twenty-three, two hundred and twenty-four, two hundred and fifty-one, two hundred and sixty, two hundred and sixty- two, two hundred and sixty-three, two hundred and sixty-seven and two hundred and seventy-eight of chapter one hundred and eleven of the Revised Laws, sections sixty-three and ninety-four of chapter one hundred and twelve of the Revised Laws, section nineteen of chapter one hundred and twenty-five of the Revised Laws, chapters two hundred and ninety-eight, four hundred and two, four hundred and thirty-two, four hundred and forty, five hundred and seven and five hundred and thirty-three of the acts of the year nineteen hundred and two ; chapters one hundred and seventy-three, two hundred and ninety-seven and four hun- dred and seventy-eight of the acts of the year nineteen hundred and three; chapters ninety-six, two hundred and sixty-five, three hundred and fifty-seven and four hundred and twenty-nine of the acts of the year nineteen hundred and four; chapter four hundred and eight of the acts of the year nineteen hundred and five ; and, so far only as they apply to railroads or street rail- ways or to railroad corporations or street railway companies or to their officers, agents or employees, sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen and twenty of chapter one hundred and eight of the Revised Laws, sections seventeen and eighteen of chapter one hundred and twenty-five of the Revised Laws and section thirty-nine of chapter one hundred and sixty- seven of the Revised Laws are hereby repealed. Section 69. The provisions of this act so far as they are the same as those of existing statutes, shall be construed as a con- tinuation thereof and not as new enactments, and a reference in a statute which has not been repealed to provisions of law which have been wholly or partially revised and re-enacted herein shall be construed as applying to such provisions as incorporated in this act. The repeal of a law by this act shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action, suit or proceeding commenced under any of the laws repealed before the repeal took effect, or any action, suit or prosecution pending at the time of the repeal for an offence com- mitted, or for the recovery of a penalty or forfeiture incurred, under any of the laws repealed, but the proceedings shall, when necessary, conform to the provisions of this act. Any provision of this act by which a punishment, penalty or forfeiture is mitigated may be extended and applied to any judgment pro- nounced after said repeal. Whoever, when said repeal takes effect, holds an office under any of the laws repealed shall con- tinue to hold it according to the tenure thereof unless it is abolished or unless a different provision relative thereto is made bv this act. MATTERS OF CONSTRUCTION. 35 Part II. OF RAILROAD ('< >K1'< >B ATIOXS. Section 1-2. 3-5. 8-12. 13-28. 29-30. 31-32. 33-39. 40-17. 48-56. 57-62. 63-64. 65-70. 71-125. (b). (c). (e). 126. Matters of construction. Corporations subject to the provi- sions of the chapter. Bights reserved by th< mmon- wealth. Special charters. Incorporation under general laws. < Organization. Officers. Meetings. Capital stock. Bonds and mortgages. Taking securities of other corpora. tions. Stock and scrip dividends. Issue of capital stock, bonds, coupon notes and other evidences of indebtedness. Location and construction of rail- road. Conditions precedent (71-72). Laying out railroad (73-81). Taking land and damages therefor (82-100) . Embankments, fences, etc. (101-104). Crossings (105-125) . Branches and extensions. Section L27-128. 129-204. (a). (6). (c). (d). (e). (/)• (. i "Railroad " means a railroad or railway of the class usually r ° L ; fn > t operated by steam power. "Railroad corporation" means the corporation which lays out, constructs, maintains or operates a railroad of the class usually operated by steam power. " Board of aldermen " or " selectmen " includes the hoard or other authority exercising the powers of a board of aldermen or of selectmen; but nothing heroin shall he construed as affecting the veto power of a mayor of any city. "Public way" means any way laid out by public authority. Section 2. The duties imposed by the provisions of this acl Application to , -1 -i r • • i • i. • certain matters upon county commissioners as a tribunal ot original jurisdiction arising in relative to the fixing of routes or to the location, construction, Is'f i'/'-tj. * 5. maintenance and operation of railroad- shall, in the city of Bos p 88 ^.' n2, V2. ton, unless it is otherwise expressly provided, devolve upon the r^'iu' II" hoard of aldermen of said city. When, in cases arising in said city, a jury is required, application therefor shall be made to the superior court in the manner prescribed in section ninety of chapter forty-eight of the Revised Laws, and duties imposed upon the county commissioners by reference or appeal from the board of aldermen of other cities shall devolve upon the hoard of railroad commissioners. 36 RIGHTS RESERVED BY THE COMMONWEALTH. Application for jury to superior court. View. 1821, 109, § S. K. S. 24, § 55. 1849, 200. G. S. 43. 5 79. 1S70. 7.5, § 2. 1878, 75, § 2. P. S. 49, § 86. 1888, 397. 1892, 415, $ 3. 20 Pick. 201. Corporations subject to this chapter. R. S. 39, § 45. G. S. 63, § 1. 1S74, 372, § 4. P. S. 112, § 3. R. L. Ill, § 3. 174 Mass. 379. — chartered by concurrent legislation. 1874, 372, § 169. P. S. 112, § 4. R. L. Ill, § 4 — or trustees operating rail- roads of other corporations. 1874, 372, § 3. P. S. 112, § 5. R. L. Ill, § 5. 127 Mass. 574. 174 Mass. 379. Rights re- served by com- monwealth. R. S. 39, § 84. G S. 63, § 13S. L872 53, § 18. 1874, 372, §§ 178, 180. P. S. 112, §§6, 7. R. L. Ill, § 6. Revised Laws, Chapter 48, § 90. Section 00. The damages sustained in any ease described in the preceding section shall be paid by the city of Boston, and said city or any party interested may, within the time specified for a like purpose in section twenty-eight, tile a petition for a jury in the superior court I'm- the county of Suffolk, and thereupon, after such notice as the court shall order, a trial shall be had in said court in the same manner as other civil cases are there tried by jury and, on request of either party, the jury shall take a view. 2 Met. 225. 12 Gray, 209. 14 Gray, 214. 3 Allen, 538. 99 Mass. 236. 106 Mass. 553. Section 3. Railroad corporations which have been hereto- fore established in this commonwealth shall be subject to the provisions of Parts I and II ; which, so far as inconsistent with charters granted since the eleventh day of March in the year eighteen hundred and thirty-one, shall be an alteration and amendment thereof; but the provisions of this section shall not impair the validity of any special power heretofore conferred by charter or other special act upon a particular railroad cor- poration which had exercised such power before the first day of February in the year eighteen hundred and seventy-five, or prevent the continued exercise thereof conformably, so far as may be, to the provisions of this act. Section 4. A railroad corporation chartered by the concur- rent legislation of this and other states shall, as regards any portion of its railroad lying within this commonwealth, be en- titled to all the benefits and be subject to all the liabilities of the railroad corporations of this commonwealth. Section 5. If a railroad which has been laid out and con- structed by one corporation is lawfully maintained and operated by another corporation, the latter corporation shall be subject to the provisions of this act respecting or arising from the main- tenance and operation of such railroad, as if such railroad had been laid out and constructed by it. If a railroad is lawfully maintained and operated by trustees, they shall in like manner be subject to the provisions of law respecting or arising from the maintenance and operation of such railroad which apply to the corporation for wdiose stockholders or creditors they are trus- tees. RIGHTS RESERVED BY THE COMMONWEALTH. Section 6. The provisions of this act shall not impair the rights of the commonwealth as asserted or reserved in previous statutes, and the common wealth may, at any time during the continuance of the charter of a railroad corporation after the expiration of twenty years from the opening of its railroad for use, purchase of the corporation its railroad and all its fran- chise, property, rights and privileges by paying therefor such amount as will reimburse to it the amount of capital paid in, with a net profit thereon of ten per cent a year from the time of i lie payment thereof by the stockholders to the time of the pur- ehase. SPECIAL CHARTERS, ETC. 37 Section 7. The commonwealth may, at any time after one Common- year's notice in writing to a railroad corporation, take and pos- take railroad. sess its railroad, franchise and other property: and shall pay is™'. 372, therefor such compensation as may be awarded by three com- p 1 l. 1 ii2, § 8. missioners, who shall be appointed by the supreme judicial RL - in - § '• court, who shall be sworn to appraise the same justly and fairly, and who shall estimate and determine all damages sustained by it by such taking. A corporation which is aggrieved by their determination may have its damages assessed by a jury in the superior court for the county of Suffolk, in the maimer pro- vided in section ninety of chapter fortv-eiffht of the Revised [ForR.L.48, v i. «/ o § y(j, see oppo- L.aWS. 8ite Page.] SPECIAL CHARTERS. Section 8. A petition to the general court, for a charter for Petition for a railroad corporation shall not be acted upon, unless it is ac- accompanied companied by a map of the route on an appropriate scale, with engineer. 1 ° a profile thereof on a vertical scale of ten to one as compared "^ \% with the horizontal scale, and by the report of a competent en- ^ 4 |- ||-J § 46 x - gineer, based on actual examination and survey, showing the q 84 !'^ 31 * * 13 2 - kind and amount of excavation, filling, bridging and masonry £ f; VA> ^^ required, the grades, the number of highways and of other rail- roads, and of navigable streams and tide waters, to be crossed, and the manner of crossing the same, the general profile of the surface of the country through which the railroad is to pass, the feasibility of the route, the manner of constructing the railroad, and a detailed estimate of the cost of construction. PETITIONS TO THE GENERAL COURT. Revised Laws, Chapter 3, §§ 5, 7. Section 5. Whoever intends to present to the general court a peti- Notice of cer- tion for the incorporation of a city or town, for the division of an to bepub- 0nS existing- city or town, for the incorporation of a railroad, street railway, ^flf* 1 ^ * i elevated railroad or canal company or for the amendment, alteration 1832J 59! or extension of the charter or corporate powers or privileges of any 1857,261; such company, whether specially incorporated or organized under gen- q g -4 ." eral laws, or for authority to take water for a water supply, or relative 6S 8— 11. to building structures over navigable or tide waters, shall give notice i>.'s.'i\ $$V> s! of such petition by publishing a copy thereof once in each of three js^' fi,','.* '' successive weeks in such newspaper or newspapers as the secretary of l, 1 ' N ! : j: s . s - 592, the commonwealth, having regard to the locality of the interests in- volved in such petition, shall direct; the last publication to be made at least fourteen days before the session at which the petition is to he presented. Sectiox 7. On or before the first day of January, a petit inn de- Deposit of scribed in section five shall be deposited in the office of the secretary '/^""{n $ 5 of the commonwealth and a petition described in section six shall lx G. S . 2, § 12. deposited in the office of the secretary of the hoard of education, with \\*'.>. proof of publication satisfactory to the secretary with whom it is so ffgjj 24 §2. deposited, and he shall transmit it to the general court during the 1896, 381, § 2. I'rst week of the session with an endorsement that the required publica- tion has been made. 32 38 INCORPORATION UNDER GENERAL LAWS. Plans, etc., to be deposited in state library. IMS. 140. G. S. 63, § 14. Petition not to be acted upon until notice, is.;.;, 176. I! S. 39, § 47. G. S. 63, § IS P. S 112, § 31. R. L. Ill, § 32. Railroad to lie within limits specified. H. S. 39, § 48. G.S. 63, § 16. P. S. 112, § 32. R. L. Ill, § 33. Chartered railroads to be located, etc., under this chapter. 1S74, 372, § 33. P. S. 112, § 33. 1882, 265, § 3. R. L. Ill, § 34. Section 9. Plans and profiles which may be presented to a committee of the general court in the hearing of a petition for such a charter shall be deposited by it in the state library. P. S. 112, § 30. R. L. in, § 31. Section 10. Such petition shall not be acted upon, until notice thereof has been published according to law, designating the route with such certainty as to give reasonable notice to all persons interested therein that their rights may be affected by the granting of the petition, and that they may have an oppor- tunity to appear and object thereto. Section 11. Every charter shall confine the railroad within the limits indicated by the notice required in the preceding sec- tion, shall specify the several cities and towns through which the railroad may pass, and shall otherwise designate the route thereof with as much certainty as the nature of the case will admit. Section 12. The route of the railroad of a corporation es- tablished by special charter, and of its branches and extensions, shall be fixed according to the provisions of sections twenty and twenty-one except so far as they may have been fixed by special statute ; and such railroad, branches and extensions shall be located and constructed according to the provisions of this act regulating the location and construction of railroads by cor- porations incorporated under general laws, except that section eighteen shall not apply, if authority so to locate and construct has been granted by special act of the general court. Incorporation of railroad corporations. 1872,53, § 1. 1S74, 372, § 19. Agreement of association, corporate name, etc. 1872, 53, § 2. 1874, 298; 372, § 20. 1878, 236, § 1. P. S. 112, § 35. R. L. Ill, §36. R. L. 109, § 8. INCORPORATION UNDER GENERAL LAWS. Formation. Section 13. Fifteen or more persons may associate them- selves by a written agreement of association with the intention of forming a railroad corporation. P. S. 112, § 34. R. L. Ill, §35. 124 Mass. 368. Section 11. The agreement of association shall state : — (a) That the subscribers thereto associate themselves w r ith the intention of forming a railroad corporation. (b) The corporate name assumed, which shall be one not in use by any other railroad corporation in this commonwealth, or, in the judgment of the board of railroad commissioners, so similar thereto as to be likely to be mistaken for it, and which shall contain the words, " railroad corporation ", at the end thereof. (c) The termini of the railroad. (d) The length of the railroad, as nearly as may be. (e) The name of each county, city and town in which the railroad is to be located. (f) The gauge of the railroad, which shall be either four feet eight and one half inches, or three feet. (rj) The total amount of the capital stock of the corporation, which shall be not less than ten thousand dollars for each mile, INCORPORATION UNDER GENERAL LAWS. 39 if the gauge is four feet eight and one half inches, and not less than five thousand dollars for each mile, if the gauge is three feet. (/i) The par value of the shares, which shall he one hundred dollars. (i) The names and residences of at least five persons, who shall he subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless a corporation is incorporated. Section 15. The associates mav from time to time, at a Associates' meeting called for the purpose, reduce the amount of the capital i872?53? stock, but not below the limit prescribed in the preceding sec- fl74, 372, § 21. tion ; and they may, in like manner, change the gauge of their ^ lAu § § 3 3 6 ? railroad to the other gauge allowed by said section. The direc- tors shall appoint a clerk and a treasurer, who shall hold their respective offices until a clerk and a treasurer of the corporation are chosen and qualified in their stead. The directors shall fill any vacancy in their board, or in the office of clerk or treasurer, before the organization of the corporation. Section 16. The directors, before fixing the route of the Publication of railroad as hereinafter provided, shall cause a copy of the agree- ofussociation. ment of association to be published in a newspaper, if any, pub- \s:t 372*^2. lished in each of the cities and towns in which the railroad is to f { L.111 § :1s' be located, and if, in any county, a newspaper is published in none of said cities and towns therein, in such newspaper pub- lished in said county as shall be designated by the board of railroad commissioners, at least once in each of three successive weeks ; and, three weeks before fixing said route, shall also cause a copy of said agreement to be posted in two or more public places in each of said cities and towns in which said railroad is to be located ; and the sworn certificate of the clerk shall be con- clusive evidence of such publication and posting. Section 17. The directors shall prepare a map of the route Mapof route, on an appropriate scale, with a profile thereof on a vertical en^inee'rand scale of ten to one as compared with the horizontal scale, and 187 1 ™ 53^§ 6; shall procure the report of a competent engineer, based on H^slb, § 23. actual examination and survey, showing the kind and amount r. f,'. in' f lii of excavation, filling, bridging and masonry required, the grades, l24 Mass 375. the number of highways and of other railroads, and of navi- gable streams and tide waters, to lie crossed, and the manner of crossing the same, the general profile of the surface of the country through winch the railroad is to pass, the feasibility of the route, the manner of constructing the railroad, and a de- tailed estimate of the cost of construction. Section 18. After compliance with the provisions of ^r- Certificate tions thirteen to sixteen, inclusive, and within thirty days after the first publication of notice of the agreemenl of association Ixiger! of public com enience and necessity. snej 40 INCORPORATION UNDER GENERAL LAWS. r S l' 111' 1 46 ^ ere i n required, the directors therein named shall apply to the board of railroad commissioners for a certificate that public con- venience and necessity require the construction of a railroad as proposed in such agreement. If said board refuses to issue such certificate, no further proceedings shall be had, but the applica- tion may be renewed after one year from the date of such re- fusal. Submission of Section 19. The directors shall submit said map and report nmp etc. to board of aider- to the board of aldermen of every city and to the selectmen of 1873, m, § 2. every town named in the agreement of association, who shall p. s.' ii2,' § 39! thereupon appoint a time and place for a hearing, of which ' • •» ■ liotice shall be given by publication in a newspaper published in said city or town, or if none is published therein, in such newspaper published in the county in which said city or town is situated as shall be designated by the board of railroad com- missioners, at least once in each of two successive weeks, the last publication to be at least two days before the hearing; and by posting copies of said notice in two or more public places in said city or town at least two weeks before such hearing. Route may be Section 20. If the board of aldermen of a city or the select- agreed upon. . » . [|72, 53, § 7; me n of a town named in the agreement of association, after i874,'372, § 25. such notice, exhibition of the map and the hearing, agree with P S 112 § 40 . • r. l. 111, § 42! the directors as to the said route or as to any route of the rail- road in said city or town, they shall in such agreement fix the route, and sign and give to the directors a certificate setting it forth. fixed a h be Section 21. If they fail so to agree, the directors may peti- boardof tion the board of railroad commissioners to fix the route in said railroad com- . i • i i i c • • -i 1 i <> i 1 missioners city or town ; and said board, alter notice to said board 01 alder- 1872, 53, §8: men or selectmen, shall hear the parties, and fix the route in 1874, 372, § 26. such city or town, and make a certificate setting forth the route r l. in', 1 43 as fixed by it, which shall be certified by its clerk to the direc- 124 Mass. 376. ^ org# ^he cos t s f the petition shall be paid by the directors. All variations from the route first proposed shall be made upon the map. Spurs and Section 22. The route fixed under the provisions of the two branches. . . r 1873, 121, | x preceding sections may include such spurs, branches and con- p. s.'112'l 42. necting and terminal tracks in any city or town as mav be nee- "R T 111 § 44 124 Mass.' 376.' essary to enable the corporation conveniently to collect and deliver passengers and freight therein ; but no such branches, spurs or connecting or terminal tracks shall be laid longitudi- nally within the limits of a public way without the consent of the board of aldermen or the selectmen, who, in giving such consent, may impose such conditions as to the location, construc- tion and use thereof as may be agreed upon between themselves and the directors. A corporation which owns or operates any such tracks so laid longitudinally in a public way shall, in re- spect to ^he same, be liable to the city or town for all loss or damage caused to it by the construction and use of such tracks and by the negligence or default of the agents or workmen of such corporation on such way. INCORPORATION UNDER GENERAL LAWS. ±\ Section 23. When the amount of capital .-tuck named in the Certificate. agreement of association has been subscribed in good faith by report'tobe responsible persons, and ten per cent of the par value of each boa?dof d Wlth share has been actually paid in cash to the treasurer, the direc- ^'i',-'/, 1 .', 1 ,. tors, clerk and treasurer shall annex to the agreement of associa- }IU •:"'•-• tion their certificate setting forth these facts, and that it is in- £• §. 112, f 43. , 1 . t j. . , , '. , R. l. 111, 5 4.3. tended m good iaitn to locate, construct, maintain and operate the railroad upon the route fixed, shall also annex to said agree- ment the certificate of publication specified in section sixteen, and the several certificates fixing the route, shall presenl the same for inspection to the board of railroad commissioners, and shall at the same time deposit in the office of said board the report of the engineer and the map. Section 2-i. When it is shown to the satisfaction of the Certificate of board of railroad commissioners that the requirements of this Filing, chapter preliminary to the incorporation of a railroad corpora- incorporation, tion have been complied with, and that an amount sufficient in J?!; 372,V29. its judgment to pay all damages immediate or consequential p 88 s.'n2§44 which mav be occasioned by laving out, making and maintain- R. l. 111, j -u>. ing the railroad, or by taking any land or materials therefor, has in good faith been paid in cash to the treasurer, and when said board is satisfied by a bond, or such other assurance of good faith as it may consider necessary and require, that said amount will remain in the hands of said treasurer until it is drawn out for the lawful expenditures of the corporation, the clerk of said board, upon its order, shall annex to the agreement of association a certificate stating that such requirements have been complied with. The directors shall thereupon file the agreement of association, with all the certificates annexed thereto, in the office of the secretary of the commonwealth; who, upon the payment to him of a fee of fifty dollars, shall receive and preserve the same in form convenient for reference and open to public inspection, and shall thereupon issue a certificate of in- corporation substantially in the following form: — Commonwealth of Massachusetts. Be it known that whereas ("names of the subscribers to the agreement Fo ^ of . , l certificate. of association] have associated themselves with the intention of forming a corporation under the name of the [name of the corporation], for the purpose of locating, constructing, maintaining and operating a rail- road [description of the railroad as in the agreement of association], and have complied with the statutes of this commonwealth in such cases made and provided: New. therefore, I, secre- tary of the commonwealth of Massachusetts, do hereby certify thai the persons aforesaid, their associates and successors, are legally estab- lished as a corporation under the name of the [name of the corpora- tion], with all the powers and privileges, and subjeel to all the duties. liabilities and restrictions, set forth in all general laws which now are or hereafter may be in force relating to railroad corporations. Tn witness whereof, I have hereunto subscribed my official signature, and affixed the Great Seal of said commonwealth, this day of , in the year ['lay, month and year.] 42 ORGANIZATION. Certificate to be recorded. Increase and reduction of capital stock. 1872, .53, § 15. 1873, 121, § 1. P. S. 112, § 45, R. L. Ill, §48, Change of gauge regu- lated. 1879, 156. Proceedings void. 1882, 265, § 2. R. L. Ill, § 47 Limit of time for construc- tion of rail- road. 1872, 53, § 16. P. S. 112, § 45. R. L. Ill, § 48. Capital stock of narrow- gauge rail- roads. 1874, 298. P. S. 112, § 45. R. L. Ill, § 48. The secretary of the commonwealth shall sign the certificate of incorporation, and cause the Great Seal of the commonwealth to be thereto affixed, and such certificate shall have the force and effect of a special charter. The secretary of the common- wealth shall also cause a record of the certificate of incorpora- tion to be made, and such certificate, or such record, or a certi- fied copy thereof, shall be conclusive evidence of the existence of such corporation. Section 25. If the capital stock fixed in the agreement of association is found to be insufficient for the construction and equipment of the railroad, the corporation at a meeting called for the purpose may, subject to the provisions of section sixty- five, increase the same, from time to time, to the amount neces- sary for those . purposes. It may, at a meeting called for the purpose, reduce the amount of the capital stock, but not below the limit prescribed in section fourteen. It may, also, in like manner, change the gauge to the other authorized gauge ; but a corporation organized to construct its railroad on a gauge of three feet shall not change such gauge to four feet eight and one half inches without complying with all provisions of law rela- tive to the capital stock of railroads of the broad gauge ; and the fact that such provisions have been complied with shall be shown to the satisfaction of the board of railroad commissioners, and indorsed by its clerk upon the certificate of such change of gauge before it is filed in the office of the secretary of the com- monwealth. A certificate of the increase or reduction of capital or change of gauge shall, within thirty days thereafter, be filed in the office of the secretary of the commonwealth. Section 26. The agreement of association, and all proceed- ings thereunder, including the fixing of the route, shall be void, unless the certificate of incorporation is issued within one year after the time the route is fixed as provided in section twenty or twenty-one. Section 27. If a corporation does not begin the construc- tion of its railroad and expend thereon at least ten per cent of the amount of its original capital stock within two years after the date of its certificate of incorporation, and does not com- plete and open its railroad for use within four years after said date, its corporate powers and existence shall cease. Section 28. A corporation which has a railroad of the gauge of three feet shall not begin running its trains, until its paid-up capital stock is equal to one half of its cost, including equip- ment. organization. First meeting of incorpora- tors. R. L. 109, S§ 13, 14. R. L. 110, § 17. R. L. Ill, § 48. See 1903, 437, §9. Section 29. Upon the issue of such certificate of incorpora- tion, the first meeting of the incorporators shall be called by a notice signed by a majority of the directors ; and such notice shall state the time, place and purposes of the meeting. A copy of such notice shall, seven days at least before the day appointed for the meeting, be given to each incorporator or left at his OFFICERS. 43 residence or usual place of business, or deposited in the post office, postage prepaid, and addressed to him at his residence or usual place of business, and another copy thereof, and an affi- davit of the clerk that the notice has been duly served, shall be recorded with the records of the corporation. If all of the in- corporators shall in writing waive such notice, and fix the time and place of the meeting, no notice shall be required. Section 30. At such first meeting, or at any adjournment Organization, thereof, the incorporators shall organize by the adoption of by- §§ 4,' 5. laws, and by the election, by ballot, of not less than five direc- is'to, 224; /io. tors. The clerk appointed by the directors under section fifteen r. |". no, 1 19'. shall make and attest a record of the proceedings until the clerk f e io! 903, 437, has been chosen and sworn, including a record of such choice and qualification. OFFICERS. Section 31. The business of every corporation shall be man- officers, aged and conducted by a president, a board of not less than five r! l.' 111* § ss'. directors, a clerk, a treasurer and such other officers and such l^ 903, 43,> agents as the corporation by its by-laws shall authorize. Section 32. The directors shall be elected annually by the Election of stockholders by ballot, and the president shall be elected annu- R ffi L. r Tio, ally by and from the board of directors, and the treasurer and R § iTm, § 58. the clerk annually by said board. Every director, unless the f e f 8 1903, 437, by-laws otherwise provide, shall be a stockholder. The treas- urer may be required to give a bond for the faithful perform- ance of his duty in such sum and with such sureties as the by- laws may prescribe. The clerk, who shall be a resident of this commonwealth, shall be sworn, and shall record all votes of the corporation in a book to be kept for that purpose. The officers of a corporation shall hold office for one year and until their successors are chosen and qualified. The manner of choosing or of appointing all other agents and officers and of filling all vacancies shall be prescribed by the by-laws, and, in default of provision by such by-laws, vacancies may be filled by the board of directors. Acts of 1907, Chapter 282. An Act relative to Changes in Officers of Domestic Corporations. Section 1. Whenever any change is made in the officers of a domestic Changes in corporation the corporation shall forthwith file in the office of the com- no tice%tc. missioner of corporations a certificate of such change, signed and sworn to by the president, clerk and a majority of its directors. Section 2. Any such corporation which (units to make and file a Clerk to be certificate as aforesaid within thirty days after such a change has been Common made, or which fails to keep a clerk of the corporation in this Common- wealth - wealth, shall forfeit not more than five hundred dollars, to lie recovered 1'cnalty. in the manner prescribed by section fifty of chapter four hundred and thirty-seven of the acts of the year nineteen hundred and three. Section 3. Every officer of such corporation who fails to perform Penalty for any duty imposed upon him by this act shall be liable to a fine of not more than five hundred dollars. [Approved April G } 1907. 44 MEETINGS. Meetings of stockholders. R. L. Ill, § 55. See 190B, 437, § 20. Notice of meeting. Quorum, etc. Meetings may be called under warrant by justice of the peace in cases. 1833, 49. R. S.44, § 4. G. S. 68, § 5. P. S. 105, § 11. R. L. 109, § 15. See 1903, 437, § 21. Special meetings. R. L. Ill, § 56. See 1903, 437, § 22. Voting righ of corporation upon its own stock. — of stock- holders; proxies. R. L. 110, § 25. R. L. Ill, § 57. See 1903, 437, § 24. — of fiduciary stockholders. 1829, 53, § 12. R. S. 38, § 35. MEETINGS. Section 33. There shall be an annual meeting of the stock- holders, and the time and place of holding it, and the manner of conducting it, shall be fixed by the by-laws. All meetings of stockholders shall, unless the by-laws otherwise provide, be held in the commonwealth; and shall be called, and notice thereof given, in the manner provided in the by-laws of the corpora- tion; or, if the by-laws make no provision therefor, shall be called by the president, and a written or printed notice, stating the place, day and hour thereof, given by the clerk, at least seven days before such meeting, to each stockholder by leaving such notice with him or at his residence or usual place of business, or by mailing it, postage prepaid, and addressed to each stock- holder at his address as it appears upon the books of the corpo- ration. Unless the by-laws otherwise provide, a majority in in- terest of all stock issued and outstanding and entitled to vote shall constitute a quorum. Notices of all meetings of stock- holders shall state the purposes for which the meetings are called. No notice of the time, place or purpose of any regular or special meeting of the stockholders shall be required, if every stock- holder, or his attorney thereunto authorized, by a writing which is filed with the records of the meeting, waives such notice. Section 34. If, by reason of the death or absence of the offi- cers of a corporation or other cause, there is no person author- ized to call or preside at a legal meeting, or if the clerk or other officer refuses or neglects to call it, a justice of the peace may, upon written application of three or more of the stockholders, issue a warrant to any one of them, directing him to call a meet- ing by giving such notice as is required by law, and may, by the same warrant, direct him to preside at the meeting until a clerk is chosen and qualified, if no officer of the corporation is present who is legally authorized to preside. Section 35. A special meeting of the stockholders shall be called, and a written or printed notice thereof, stating the time, place and purpose of the meeting, given, by the clerk upon written application of three or more stockholders who are en- titled to vote, and who hold at least one tenth part in interest of the capital stock. Section 36. A corporation shall not, directly or indirectly, vote upon any share of its own stock. R. L. Ill, § 57. See 1903, 437, § 23. Section 37. Stockholders who are entitled to vote shall have one vote for each share of stock owned by them. Stockholders may vote either in person or by proxy. No proxy which is dated more than six months before the meeting named therein shall be accepted, and no such proxy shall be valid after the final adjournment of such meeting. Section 38. Executors, administrators, conservators, guard- ians, trustees or persons in any other representative or fiduciary CAPITAL STOCK. }.") capacity may vote as stockholders upon stock held in such ca- i838, 9s, § 2. paeity. R - L - 109 - § 17 - See 1903 ' 437 - § 29 - 9 Cush - 192 - 101 Mas *- 398 - p.' s' 105 V13 Section 39. Meetings of the hoard of directors may he held Meetings of *^ directors. within or without the commonwealth. Any meeting of the See 1903, 437, board of directors shall be a legal meeting without notice, if each director, who is absent, by a writing which is filed with the records of the meeting, waives such notice. capital stock. Section 40. Each stockholder shall be entitled to a certifi- stock certifi- cate, which shall be signed by the president and bv the treas- g- \- JJ9' f '-I- r . ,' r rr> J , K. L. Ill, § 59. urer of the corporation, or by such other officers as may be au- See 1903, 437, thorized by the by-laws, shall be sealed with its seal, and shall certify the number of shares owned by him in such corporation. Section 41. The delivery of a certificate of stock by the Transfer of person named as the stockholder in such certificate or by a per- i8°33,'i87, § 8. son entrusted by him with its possession for any purpose to a q[ f ; If ; f If bona fide purchaser or pledgee for value, with a written trans- \H\' |^| 5 44 - fer thereof, or with a written power of attorney to sell, assign or £■ ?■ \}& f jjg- ci • i 1 1 i i R. L. 109, §3i. transfer the same, signed by the person named as the stock- R-L. in,§59. . 1903 423 437 holder in such certificate, shall be a sufficient delivery to trans- § 28.' fer title as against all persons ; but no such transfer shall affect 227. ra the right of the corporation to pay any dividend due upon the 1 Alien! is 2 stock, or to treat the holder, of record as the holder in fact until \fg $£1. 64 9 ' it has been recorded upon the books of the corporation, or until 182 Mass - 555 - a new certificate has been issued to the person to whom it has been so transferred. Such purchaser, upon delivery of the former certificate to the treasurer of the corporation, shall be entitled to receive a new certificate. A pledgee of stock trans- ferred as collateral security shall he entitled to a new certificate if the instrument of transfer substantially describes the debt or duty which is intended to be secured thereby. Such new certifi- cate shall express on its face that it is held as collateral security, and the name of the pledgor shall be stated thereon, who alone shall be liable as a stockholder, and entitled to vote thereon. Section 42. The certificate of incorporation, and an attested f^corporate copy of the agreement of association, and of the by-laws, with a jf," '',"„,, reference on the margin of the copy of the by-laws to all amend- £§ :1 -' 35. ,1 ~ i ~ . ,, . ,. 1111 °ee 1903, 43/, ments thereof, and a true record of all meetings of stockholders, § 30. shall be kept by the corporation at its principal office for the inspection of its stockholders. The stock and transfer books of such corporation, which shall contain a complete list of all stock- holders, their residences and the amount of stock held by each, shall be kept at an office of the corporation for the ins] tion of its stockholders. Said stock and transfer hooks and said at- tested copies and records shall be competent evidence in any court of this commonwealth. If any officer or agent of a corpo- ration having charge of such copies, hooks or records refuses or neglects to exhibit them or to submit them to examination as aforesaid, he or the corporation shall be liable to any stock- 46 CAPITAL STOCK. Lost certifi- cates. R. L. 110, § 28 See 1903, 437. §31. Unclaimed dividends. 1837, 56. G. S. 68, § 19. P. S. 105, § 27. R. L. 109, § 40. See 1903, 437, § 32. Assessments upon shares. R. S. 39. § 53. 1852, 303. G. S. 63, §§ 8-10. 1874, 372, § 45. P. S. 112, § 57. R. L. Ill, § 60. See 1903, 437, § 15. 13 Met. 311. 9 Cush. 15. 1 Gray, 544. 2 Gray, 277. 4 Gray, 61. 5 Gray, 520. 8 Gray, 596. 107 Mass. 508. 110 Mass. 213. 113 Mass. 79. holder for all actual damages sustained by reason of such re- fusal or neglect, and the supreme judicial court or the superior court shall have jurisdiction in equity, upon petition of a stock- holder, to order any or all of said copies, books or records to be exhibited to him and to such other stockholders as may become parties to said petition, at such a place and time as may be designated in the order. Section 43. The directors of a corporation may, unless otherwise provided by the by-laws, determine the conditions upon which a new certificate of stock may be. issued in place of any certificate which is alleged to have been lost or destroyed. They may, in their discretion, require the owner of a lost or destroyed certificate, or his legal representative, to give a bond with sufficient surety to the corporation, in a sum not exceeding double the market value of the stock to indemnify the corpora- tion against any loss or claim which may arise by reason of the issue of a certificate in place of such lost or destroyed stock cer- tificate. Section 44. Every corporation shall, once in every five years, publish three times successively in a newspaper in the city of Boston, and also in a newspaper in the county in which the principal office of the corporation is located, a list of all divi- dends which have remained unclaimed for two years or more and the names of the persons to whose credit such dividends stand. Section 45. The directors may from time to time assess upon each share such amounts, not exceeding in all one hun- dred dollars on a share, or the price fixed under the provisions of section seventy, as they think proper, and may direct the same to be paid to the treasurer, who shall give notice thereof to the subscribers. If a subscriber has made no payment upon his shares, the directors, thirty days after an assessment has be- come due, may declare them forfeited, and may transfer them to any responsible person who subscribes for them and pays the assessments then due. If a subscriber neglects, for thirty days after notice from the treasurer, to pay an assessment upon his shares, the directors may order the treasurer, after giving no- tice of the sale, to sell such shares by public auction to the high- est bidder, and, upon the payment by him to the corporation of the unpaid assessments, of interest to the date of sale and of the charges of sale, the shares shall be transferred to him. If within thirty days after the sale the purchaser does not make said payment to the corporation, the sale shall be cancelled, and the subscriber shall be liable to the corporation for the unpaid assessments, interest thereon and charges of sale. If the amount so paid by the purchaser to the corporation is more than the amount for which the shares were sold, the subscriber shall be liable to the purchaser for the deficiency; if it is less, the pur- chaser shall be liable to the subscriber for the surplus. If a subscriber neglects to pay his assessment for thirty days as above provided, the di rectors may elect to proceed by an action at law 47a 1906, 463, part II, §§ 4S, 57 and 66, part III, § 10S, amended. Computation of amount of capital stock when is- suing bonds. [See pages 48, 50, 52, 156, part II, §§ 48, 57 and 66, part III, § 108.] 1908. Chapter 620. An Act relative to the Issue of Bonds, Coupon Notes and Other Evidences of In- debtedness by Railroad Corporations and Street Railway Companies. Section 1. In computing' the amount of capital stock of a railroad corporation, electric railroad, street railway or elevated railway com- pany for the purpose of determining the maximum amount of bonds, coupon notes or other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, under the provisions of sections forty-eight, fifty-seven and sixty-six of Part II, or of section one hundred and eight of Part III, of chapter four hundred and sixty- three of the acts of the year nineteen hundred and six, and under any similar provisions of any special acts limiting the amount of such securities, which a railroad corporation, an electric railroad, a street railway or elevated railway company may issue, to the amount of its capital stock at the time actually paid in, there shall be added to the par value of the capital stock all cash premiums paid into the corpora- tion on all shares issued by such corporation or company subsequent to July ninth, eighteen hundred and ninety-four, under the provisions of chapter four hundred and sixty-two of the acts of the year eighteen hundred and ninety-four or of any similar provisions of law, and the maximum amount of such bonds, notes and other evidences of indebted- ness which such corporation or company, unless expressly authorized by its charter or by special law, may issue with the approval of the board of railroad commissioners, shall be limited to the aggregate amount of its issued and outstanding capital stock, determined as pro- vided in this act, and actually paid into its treasury. Sectiox 2. This act shall take effect upon its passage. [Approved June 12, 1908. BONDS AND MORTGAGES. 47 against said delinquent subscriber to recover all amounts due and payable by bim with interest. If a judgment rendered in an action against a subscriber remains unsatisfied for thirty days, all amounts previously paid by bim shall lie forfeited to the company and the directors may offer such shares for sale as above provided. Section 46. A railroad corporation, for the purpose of build- Japltafstock ing a branch or extension, or of aiding in the construction of ^l A \ 3 ^: !Ji another railroad, or of taking stock in a grain elevator corpora- M^ ' ' tion in the organization of which it is an associate, or of erect- 1894,502. Vi T 1 1 1 & fil ing and operating grain elevators within this commonwealth, or of building depots, or of abolishing grade crossings, or of making permanent investments or improvements, or of funding its float- ing debt, or of refunding its funded debt, or for the payment of money borrowed for any lawful purpose, or for other neces- sary and lawful purposes, may, from time to time, in accordance with the provisions of section sixty- five, increase its capital stock or bonds beyond the amounts fixed and limited by its agree- ment of association or its charter, or by any special law. Section 47. If a railroad corporation owning a railroad in Forfeiture for this commonwealth and consolidated with a corporation owning l^creaseof 6 a railroad in another state increases its capital stock, or the cap- i87i^s9° ck ' ital stock of such consolidated corporation, except as authorized l 8 $j 372 ' by this act, without authority of the general court, or without |- S. 112, § 6i. such authoritv extends its line of railroad, or consolidates with } 09 }' ass - ??, • 14 uu^ 146. any other corporation, or makes a stock dividend, the charter and franchise of such corporation shall be subject to forfeiture. BONDS AND MORTGAGES. Section 48. A railroad corporation may, by vote at a meet- issue of bonds i -11 ■ • /.to fund float- ing called for the purpose, in accordance with the provisions 01 ing debt this section and of sections sixty-five and sixty-six, but not other- §§ i,'2,4! wise, issue coupon or registered bonds, coupon notes or other §§'120,121. evidences of indebtedness payable at periods of more than twelve ii^l; 372.* ^40. months from the date thereof to provide means for funding its J^I;"; ,'-,, floating debt, or for the payment of money borrowed for any 5x S - Vfi' § GL> ' lawful purpose, and may mortgage or pledge, as security for i|9|Ue2. the pavmenl of such indebtedness, n i i; irt or all of its railroad. i;.'i'.' 1 1 1'.\ ; <',.;. equipment or franchise, or a part or all ot its real or personaJ 459. property. Such bonds, coupon note- or other evidences of in- i7iMass!242. debtedness may be issued in amounts of not less than one hun- dred dollars each, payable in periods not exceeding fifty years from the date thereof, and may bear interest not exceeding seven per cent a year, payable annually or semi-annually, to an amount which, including thai of bonds, coupon notes or other evidences of indebtedness previously issued, does not exceed in all the capital stock of the corporal ion actually paid in at the time; and such bonds, coupon notes or other evidences of in- debtedness shall be recorded by its treasurer in books to be kept in his office. A bond, coupon note or other evidence of 48 BONDS AND MORTGAGES. indebtedness shall not be issued unless approved by a person appointed by the corporation for that purpose, who shall cer- tify thai it is properly issued and recorded. Registered Section 49. At the requesl of the owner or holder of any 1869,131, coupon bonds lawfully issued, the railroad corporation which 1874,372,5 50. issued them mav issue registered bonds in exchange for them, r. L. in, 1 m! upon such terms and under such regulations as its directors may prescribe, and with the consent and approval of the trus- tees, if any. to whom a mortgage or pledge has been executed; and such registered bonds shall, with the exception of the cou- pons, correspond in all respects with the coupon bonds for which they arc exchanged, and shall be in conformity with all laws authorizing the issue of said coupon bonds. Such exchange shall not affect a mortgage or pledge given as security for the payment of such coupon bonds, and such mortgage or pledge shall remain in full force as security for such registered bonds; and the coupon bonds shall be cancelled and destroyed at the same time that the registered bonds are issued in exchange therefor. Mortgage to Section 50. A railroad corporation which has issued bonds secure bonds ^j-^-. ^^ x > previously shall not subsequently execute a mortgage upon its railroad, 1854, 286, § 3. equipment and franchise or upon any of its real or personal G. S. 63, §123. 1X -1,-it • j • i i_ 1S74, 372, § 51. property, without including in and securing by such mortgage r. i". ill'. 1 65! all bonds previously issued and all its pre-existing debts and liabilities. Securities Section 51. xill bonds or notes which are issued by a rail- collectiole. ^'IfViM roac * corporation shall be valid and binding, although nego- 1874, 372, § Si! tiated and sold by it or its agents at less than par. P. S. 112, § 65. R. L. Ill, § 66. Trustees Section 52. If a railroad corporation, having executed a entitled to . • i -i • m <• possession mortgage of its property, rights and privileges, or ot a part with corpora- thereof, to trustees for the benefit of its general creditors, or of reread. 1 ** e a particular class of creditors, makes default in the performance G. 5 s.'63, 8 § S i24. of the condition of the mortgage, so that the trustees or their R'.L.iii,f 6?! successors are entitled to the actual possession and usufruct of the property, rights and privileges therein conveyed, in trust for the purposes specified in the mortgage, the trustees, after entry, instead of retaining actual possession of the mortgaged premises and operating the railroad, may contract with the cor- poration or other competent party to take or retain for them the possession of the mortgaged premises, and to use and op- erate the same on its own responsibility, accounting with the trustees for the earnings and income, and paying over the profits and net income periodically, when and as far as may be necessary for the performance of the conditions of the mort- gage, if a majority in interest of the bondholders or creditors under the mortgage shall so vote, in person or by proxy, at a meeting called for the purpose, notice of which shall be pub- lished ten days before said meeting in two or more daily papers published in the city of Boston, and in at least one newspaper published in each county in which the railroad is located. All BONDS AND MORTGAGES. 49 liabilities incurred by the corporation or other party in oper- ating the railroad under such contract shall be held as claims against and be paid out of the income, in the same manner and to the same extent as if the property had remained in the actual possession of the trustees and been operated by them. Section 53. Trustees in possession of a railroad under a Trustees in mortgage shall annually call a meeting of the bondholders or call annual creditors for whose security they hold the railroad in trust, to rs^'irs, be held in December, of which notice shall be given by publica- g. I'. 63, tion, at least ten days before such meeting, in two or more f>^ s 2 ii2. 26 ' daily newspapers in the city of Boston, and in at least one || j^'iil; § 68. newspaper in each county in which the railroad is located ; and at such meeting they shall submit a report for the year, similar to the annual report of railroad directors to stockholders. If they fail to call such a meeting, five or more bondholders or creditors, whose claims secured by the mortgage amount to not less than ten thousand dollars, may in the same manner call such meeting, to be held in the January following said De- cember. Section 54. At the annual meeting held under the provi- SJ^X* sions of the preceding section, the bondholders or creditors, by ilsT^iTsf^ 4. a majority in interest vote, may, in person or by proxy, elect p-f-^^m- three trustees under the mortgage for the ensuing year, and R. l. hi, § 69. until others are chosen and qualified. And the trustees or any of them or a bondholder or creditor may submit the proceed- ings of the meeting for confirmation to a justice of the supreme judicial court, in court or at chambers, first giving notice of his intention so to do to the former trustees under the mort- gage, to the trustees of all other existing mortgages upon the railroad, and to the corporation, seven days at least before the hearing thereon ; which notice may be served by an officer or disinterested person. The justice may hear the parties, ratify the election, and enter such decree as he may find necessary to transfer the property to the new trustees; which decree shall be filed in the office of such clerk of the court as the justice may direct. Section 55. The supreme judicial court shall have juris- Equity juris- diction in equity of all cases arising under the provisions of supreme ju- the two preceding sections, and of all questions arising out of 1I57, itm s railroad mortgages, and may summarily remove a trustee under p ;| n'i'.VrtV a railroad mortgage, whether he is in possession of the railroad | ! ., 7 I ' M , I " or not, and appoint a new trustee in his stead. 171 Mass. 244. Section 56. A purchaser of a railroad at a sale under a EUghtsof pur- valid foreclosure of a legal mortgage thereof, and his succos f,,'.'^ ^Z-' ' sors in title, shall, relative to the construction, maintenance and Jp^' In'.'lri. operation of said railroad, be subject to all the duties, liabili- i7iMass.244. ties and restrictions, and have all the powers and rights, which the mortgagor was subject to and had at the time of said sale. 50 TAKING SECURITIES OF OTHER CORPORATIONS. TAKING SECURITIES OF OTHER CORPORATIONS. ? ak i£? thT*" Section 57. A railroad corporation, unless authorized by "!'";- the general court or by the provisions of the following five i872| 53. '§ 17; sections, shall not directly or indirectly subscribe for, take or L874. 372, § 53. hold the stock or bonds of or guarantee the bonds or dividends R. L. in', 1 77! of any other corporation; and the amount of the bonds of one or more other corporations subscribed for and held by a rail- road corporation, or guaranteed by it conformably to special authority of the general court or the authority given in said sections, with the amount of its own bonds issued in conformity with sections forty-eight and forty-nine, shall not exceed at any time the amount of its capital stock actually paid in in cash, telegraph* Section 58. A railroad corporation may hold stock in a i849 P & 93\ 8 telegraph company whose telegraph connects two or more places G g S ^LMjh on the railroad to an amount not exceeding two hundred dollars p. s.' 112,' § 75. for each mile of railroad so connected. r. l. in, § 78. b.)iXof yof Section 59. A railroad corporation may guarantee, to an steamship amount not exceeding five per cent of its capital stock, the companies. & _ I r i iMjs, -.'A- f 2. bonds of anv corporation incorporated bv the general court for 1874, 372, § 55. <••<•• 1 I ^i -i 1 p. S. 112, § 76. the purpose of carrying freight, passengers and mails between any port of this commonwealth and Europe; or, upon adequate security therefor, may issue its own bonds to the same amount, conformably to the provisions of section forty-eight. R c !mticmmay Section 60. A railroad corporation may become an asso- dat "ehi grain ciate under the provisions of chapter four hundred and thirty- poration 001 " seven of the acts of the year nineteen hundred and three in the 1874,384, formation of a corporation for the purpose of erecting and op- 5 8 si ^i' erating a grain elevator within this commonwealth, and may R. L. '111, § 80. take stock in any elevator corporation so organized, and, at all meetings, and in all transactions of such elevator corporation, the president of the railroad corporation, or in his absence any officer appointed by its board of directors, may represent, act and vote in the name of such railroad corporation. roat£ e may g Section 61. If two corporations own and operate connect- ntw^bo^ds 011 ing railroads, which are wholly constructed, either corporation iIti! lit'. § 4 " ma . v guarantee the bonds of the other, upon such terms and to p 87 s ' ill* 1 79" s,u '^ 1 an ex tent as may be authorized at a meeting called for the r.l.iii,§81 purpose, if the bonds so guaranteed do not exceed the amount of the capita] stock of the corporation by which they were issued actually paid in in cash by its stockholders, and if they are in all other respects issued in conformity with law. Railroad cor- ~ ' ami '• • i • i porations may ejection 62. A railroad corporation may aid m the eon- Btructionof struct ion of any branch or connecting railroad within the limits 1874,35*1,^*4; "' ''''^ commonwealth, whether connecting by a railroad or ¥.%. ii2," § so. steamboal Line, by subscribing for shares of stock in such cor- ni L Ma3s239 2 ' poration, or by taking its notes or bonds to be secured by mort- gage or otherwise, and may vote on all shares of stock so sub- scribed for and held; but a corporation shall not so subscribe to an amount in excess of two per cent of its paid-up capital stock, or mortgage its property to secure the loans or subscrip- 506 [See page 51, § 65.] 1908. Chapter 636. An Act relative to the Price at which Railroad Corporations and Street Railway Companies shall offer New Stock to their Stockholders. Section 1. Any railroad, street railway, electric railroad or elevated Increase of ., , . , . . . . „ . ., capital stock. railway company which is in actual possession ot and operating a rail- Stockholders road or railway shall, upon any increase of its capital stock, except as P °ioe oY^evif provided in the following section, offer the new shares proportionately shares - to its stockholders at such price not less than the par value thereof as may be determined by its stockholders. The directors upon the ap- proval of such increase, as provided in section sixty-five of Part II and section one hundred and seven of Part III of chapter tour hundred and sixty-three of the acts of the year nineteen hundred and six, shall cause written notice of such increase to be given to each stockholder of record upon the books of the company at the date of the vote to increase, stating the amount of the increase, the number of shares or fractions of shares to which, according to the proportionate number of his shares at the date of the vote to increase, he is entitled, the price at which he is entitled to take them, and fixing a time not less than fifteen days after the date of such vote to increase within which he may subscribe for such additional stock. Each stockholder may within the time limited subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor. Section 2. If the increase in the capital stock which is subject to Auction sale the provisions of the preceding section does not exceed four per cent stock - of the existing capital stock of the company, the directors, without first offering the same to the stockholders, may sell shares by auction to the highest bidder, at not less than the par value thereof, to be actually paid in cash. They may also so sell at public auction any shares, which, after the expiration of the time limited in the notice required by the preceding section, remain unsubscribed for by the stockholders entitled to take them. Such shares shall be offered for sale in the city of Boston, or in such other city or town as may be prescribed by the board of railroad commissioners; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three of such daily newspapers as may be prescribed by said board. No shares shall be sold or issued under this or the preceding section for a less amount to be actually paid in cash than the par value thereof. Section 3. The determination by the board of railroad commis- Board may sioners, under the provisions of section sixty-five of said Part II and prove issue, section one hundred and seven of said Part III, as to the amount of wnen - stock which is reasonably necessary for the purpose for which such stock has been authorized shall, in the case of the corporations de- scribed in this act, be based upon the price at which such stock is to be issued as fixed by the stockholders: provided, (hat the board shall Proviso, refuse to approve any particular issue of stock if, in the opinion of the board, the price fixed by the stockholders is so low as to be incon- sistent with the public interest. Section 4. All acts and parts of acts inconsistent herewith are Repeal, hereby repealed, so far as they apply to corporations described in this act. Section 5. This act shall take effect upon its passage. [Approved June 13, 1908. 51a 1908. 636, § 1, amended. Change of date for sub- scriptions for new stock. [See pages 50b, 1908, chap. 636, and 51, § .] 1909. Chapter 369. An Act to change the Date when Stockholders in Railroad Corporations and Street Railway Companies may subscribe for New Stock. Section 1. Section one of chapter six hundred and thirty-six of the acts of the year nineteen hundred and eight is hereby amended by striking' out the words "the date of the vote to increase", in the four- teenth line, and inserting in place thereof the words : — at such date as shall be designated by vote of the directors passed after the ap- proval by the board of such issue, — by striking out the words " the date of the vote to increase ", in the seventeenth line, and inserting in place thereof the words: — said date designated by vote of the di- rectors,- — and by striking out the words "the date of such vote to increase ", in the nineteenth and twentieth lines, and inserting in place thereof the words : — said date designated by vote of the directors, — so as to read as follows : — Section 1. Any railroad, street railway, electric railroad or elevated railway company which is in actual posses- sion of and operating a railroad or railway shall, upon any increase of its capital stock, except as provided in the following section, offer the new shares proportionately to its stockholders at such price not less than the par value thereof as may be determined by its stock- holders. The directors upon the approval of such increase, as provided in section sixty-five of Part II and section one hundred and seven of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, shall cause written notice of such in- crease to be given to each stockholder of record upon the books of the company at such date as shall be designated by vote of the directors passed after the approval by the board of such issue, stating the amount of the increase, the number of shares or fractions of shares to which, according to the proportionate number of his shares at said date designated by vote of the directors, he is entitled, the price at which he is entitled to take them, and fixing a time not less than fifteen days after said date designated by vote of the directors within which he may subscribe for such additional stock. Each stockholder maj* within the time limited subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor. Section 2. This act shall take effect upon its passage. [Approved Mail 7, 1909. STOCK AND SCRIP DIVIDENDS, ETC. 51 tions made by any other corporation under the provisions of this section, except by a vote of a majority in interest of the stock- holders at a meeting called for that purpose. STOCK AND SCRIP DIVIDENDS. Skction 63. A railroad corporation shall not declare any stock or scrip stock or scrip dividend or divide the proceeds of the sale of bidden! when" stock or scrip among its stockholders; nor shall any such cor- i8tl1s9. § L poration issue any share of stock to any person unless the par § S i77. 3 ' "'' value of the shares so issued is first paid in cash to its treas- li® - * 1 ^' s ls urer; nor shall it without authority of the general court in- k 89 *- ?£0. 1 h crease its capital si nek beyond the maximum amount fixed by its act of incorporation, or fixed under the provisions of sec- tion forty-six. Section 64. A certificate of stock or scrip issued in viola- Liability of tion of the provisions of the preceding section shall be void; 1868,310 and each director of the corporation issuing it shall be liable to fi^'^ei'. ■ l9; a penalty of one thousand dollars, to be recovered by indict- jf 9 L:fo9' §21 ment in the county in which he resides, or, if he resides in no county, in the county in which he is commorant, or the offence was committed; but if any such director proves, that, before such issue, he filed his dissent in writing thereto with the clerk, or was absent, and at no time voted therefor, he shall not be so liable. ISSUE OF CAPITAL STOCK, BONDS, COUPON NOTES AXD OTHER EVIDENCES OF INDEBTEDNESS. Section 65. A railroad corporation shall issue only such stock °bo C nd- ,al amounts of stock and bonds, coupon notes and other evidences ™ffi° ot e *. of indebtedness pavable at periods of more than twelve months deneeofm- after the date thereof, as the board of railroad commissioners L875, i6i. may from time to time determine to be reasonably necessary lv.u. i.-.o, § V; for the purpose for which such issue of stock or bonds lias been 452! I 1! authorized. Said board shall render a decision upon an appli- r. l! 109,' J 24. cation for such issue within thirty days after the final hearing j^?"^ thereon. Such decision shall be in writing, shall assign the reasons therefor, shall, if authorizing such issue, specify the respective amounts of stock or bonds, or of coupon notes or oilier evidences of indebtedness as aforesaid, which are author- ized to be issued for the respective purposes to which the pro- ceeds thereof are to be applied, shall, within seven day- after it has been rendered, be filed in the office of said board. A cer- tificate of the decision of said board shall, within three days after such decision has been rendered and before the stock or bonds or coupon nods or other evidences of indebtedness as aforesaid are issued, be filed in the office of the secretary ol the commonwealth, and a duplicate thereof delivered to the cor- poration. Such corporation shall qoI apply the proceeds of such stock or bonds or coupon notes or olher evidences of indebted- ness as aforesaid to any purpose not specified in such certifi- cate. The provisions of this section shall not require the ap- 52 ISSUE OF CAPITAL STOCK, BONDS, COUPON NOTES, ETC. Limit of issue of bonds, coupon notes and other evidences of indebtedness. 1SS9, 316, § 2. 1897, 337, § 2. It. L. 109, § 25. Enforcement of statutes. 1894, 450, § 3; 452, § 3; 462, § 3. 1896, 473. R. L. 109, § 27. Penalties. 1894, 450, § 2; 452, § 2; 462, § 2. R. L. 109, § 28. New shares to be offered to stockholders upon increase of capital stock. 1870, 179. 1871, 392, § 1. 1873,39, § 1; 30.5. 1878,84, § 1. 1879,90, § 1. P. S. 106, § 39; 112, § 58; 113, § 16. proval of the board of railroad commissioners to the issue of capita] stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, authorized by law of this common- wealth, the proceeds of which are to be expended in another state or country, or which are to pay for borrowed money ex- pended in another state or country. Section CO. A railroad corporation, unless expressly au- thorized by its charter or by special law, shall not issue bonds, coupon notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof to an amount which, including the amount of all such securities previously issued and outstanding, exceeds in the whole the amount of its capital stock at the time actually paid in ; but this limitation shall not apply to the issue of bonds for the purpose of paying and refunding at maturity bonds lawfully issued prior to the second day of June in the year eighteen hundred and ninety-seven ; nor shall it apply to such of the bonds issued or to be issued under a mortgage as are deposited to retire at or before maturity bonds or other evidences of in- debtedness previously issued and outstanding at the date of such mortgage, and as do not exceed the par value of the funded or other debt so to be retired ; and such corporation shall not issue the securities specified in this section unless authorized by a vote of its stockholders at a meeting called for the purpose. Section 67. The supreme judicial court or the superior court shall have jurisdiction in equity, upon the application of the board of railroad commissioners, of the attorney-general, of any stockholder or of any interested party, to enforce the pro- visions of the two preceding sections and all lawful orders and decisions, conditions or requirements of said board made in pur- suance thereof. Section 68. A director, treasurer or other officer or agent of a railroad corporation, who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues, stock or bonds contrary to the provisions of sections sixty-five and sixty-six, or who knowingly votes to authorize the application, or knowingly applies the proceeds, of such stock or bonds contrary to the provisions of said sections, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legiti- mate purposes of the corporation, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Section 69. If a corporation which owns or operates a rail- road increases its capital stock, such new shares as are neces- sary to produce the amount of increased capital stock which has been authorized shall, except as provided in the following section, be offered proportionately to its stockholders at such price not less than the market value thereof at the time of in- crease, as may be determined by the board of railroad commis- sioners, taking into account previous sales of stock of the cor- 52b 1902. Chapter 441. An Act to authorize Corporations to issue Preferred Stock. Section 1. Every corporation organized under the laws of this com- issues of pre- monwealth shall have power to issue preferred stock to an amount ferred stock, not exceeding' at any time the amount of the general stock then out- standing, with such preferences and voting powers or restrictions or qualifications thereof as shall be fixed and determined in the by-laws at the organization of the corporation ; or after organization, by a two thirds vote of all the stock, or by a by-law adopted by a two thirds vote of all the stock, at a meeting duly called for the purpose. Section 2. Such stock shall be issued subject to all general laws Subject to all of the commonwealth governing the issue of capital stock ; and each e eneral laws - certificate subsequently issued of stock in the corporation shall have fully and plainly printed thereon the by-law or vote of the corporation authorizing the issue of preferred stock. Section 3. This act shall take effect upon its passage. [Approved June 5, 1902. 52c 1908. Chapter 590. PART V. — INVESTMENTS. Section 68. Deposits and the income derived therefrom shall be invested only as follows : — RAILROAD BONDS. Massachusetts Railroads, 1887, 196. Third, a. In the bonds or notes, issued in accordance with the laws T> T i l o g OR cl.3,c ' ' of this commonwealth, of a railroad corporation incorporated therein the railroad of which is located wholly or in part therein, which has paid in dividends in cash an amount equal to not less than four per cent per annum on all its outstanding issues of capital stock in each fiscal year for the five years next preceding such investment, or in the first mortgage bonds of a terminal corporation incorporated in ibis commonwealth and whose property is located therein, which is owned and operated, or the bonds of which are guaranteed as to prin- cipal and interest, or assumed, by such railroad corporation. Any shares of the capital stock of a railroad corporation leased to such railroad corporation, which are owned by said lessee corporation, shall not be considered as outstanding within the meaning of this subdi- vision. LOCATION AND CONSTRUCTION OF RAILROAD. 53 poration and other pertinent conditions, which determination 1893,315,51. shall be in writing and with the date thereof shall be certified r/l,; 109; 1 36. to and recorded in the books of the corporation. The directors, npon the approval of such increase as provided in section sixty- five, and the determination of the market value as hereinbefore provided, shall canse written notice of such increase to be given to each stockholder of record npon the books of the corporation at the close of business on the date of such determination by said board, stating the amount of such increase, the number of shares or fractions of shares to which he, according to the pro- portionate number of his shares at the date of such determina- tion, is entitled, the price at which he is entitled to take them, and fixing a time, not less than fifteen days after the date of such determination by said board, within which he may sub- scribe for such additional stock. Each stockholder may, within the time limited, subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate there- for. Section 70. If the increase in the capital stock which is stock sold at subject to the provisions of the preceding section does not ex- isro. 179. ceed four per cent of the existing capital stock of the corpora- 1873; 39~'§ i ; ' tion, the directors, without first offering the same to the stock- isvi 3 s72, § 46. holders, may sell them by auction to the highest bidder at not }|I|- |q- § 2 - less than the par value thereof to be actually paid in cash, fi2 S 'g 1 59 , -* 40; They may also so sell at public auction any shares, which, after Ji|lL\|' 5 2 the expiration of the time limited in the notice required by the issu! 472, preceding section, remain unsubscribed for by the stockholders r. l. 109, § 31. entitled to take them. Such shares shall be offered for sale in the city of Boston, or in such other city or town as may be pre- scribed by the board of railroad commissioners ; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three of such daily newspapers as may be pre- scribed by said board. ]STo shares shall be sold or issued under this or the preceding section for a less amount to be actually paid in cash than the par value thereof. LOCATION AND CONSTRUCTION OF RAILROAD. Conditions Precedent. Section 71. A railroad corporal ion shall no1 locate or begin Prerequisites to construct its railroad or a branch or extension thereof, <>r railroad. 10 enter upon and use land or other property, except for making g. 5 S.'63, § 7. ' surveys, until a sworn estimate of the total cost of constructing |f 7 i,' 2. 33, the same, prepared by its chief engineer, has been submitted jjf'f 15 ' to the board of railroad commissioners and approved by it ; uor [I 8 ,'! 11 ' until said board is satisfied that an amount of the capital stock P.s! 112, of the corporation equal to at leasl fifty per cent of such esti- R. L.'in', § 88. mated cost has been actually subscribed by responsible parties without any condition which invalidates the subscription, and that twenty per cent of the par value of each share has been 51 LOCATION" AND CONSTRUCTION" OF RAILROAD. actually paid in; and that the authority and consent required by section eighty-two have been obtained; nor until the clerk of said board, upon its order, has tiled a certificate with the secre- tary of the commonwealth that the provisions of this section have been complied with; nor until the corporation has paid to the secretary a fee of fifty dollars for filing such certificate. The supreme judicial court shall have jurisdiction in equity, if said board certifies a location before ascertaining that the au- thority and consent required by section eighty-two have been obtained. The certificate of a master in chancery or a justice of a court of record for the county in which a subscriber resides that he owns property in his own name equal in value, above all encumbrances, to the amount of his subscription shall be con- clusive evidence of his responsibility. If said board refuses its approval to an estimate or a subscription list so submitted, it shall in writing state its reasons therefor in detail at the time and shall include them in its next annual report. Section 72. No railroad or part thereof which is operated by steam power shall hereafter be located or constructed within r 8 l'iii'§89 l nree miles of the state house without the previous consent in writing of the board of railroad commissioners, and of the board of aldermen of any city or of the selectmen of any town in which the location is sought. Location not to be within three miles of state house Streets, etc., not to be laid out over a common, etc. 1875, 163 § 1. P. S. 54, § 13. 166 Mass. 366. Taking of lands of a public institu- tion regulated. 1875, 163, § 3. P. S. 54, § 15. Lands of hospitals not to be taken fur streets. 1862, 223, S •-'. P. S. 87, § 3. 1889, 414, § 2. Making road, etc., through burial ground. 1834, 1S7. 5 1 R. S. 24, §§ 59, 60; 30, § 21. Revised Laws, Chapter 53, §§ 17, 19. Section 17. No highway, town way, street, turnpike, canal, rail- road or street railway shall be laid out or constructed over a common or park dedicated to the use of the public, or appropriated to such use without interruption for a period of twenty years; nor shall any part of such common or park be taken for widening - or altering a highway, town way or street, except with the consent of the inhabitants of the city or town, after public notice, given in the manner provided in cases of the location and alteration of highways, stating the extent and limits of the portion thereof proposed to be taken. Such consent shall be expressed by vote of the inhabitants, if ten or more voters file a request in writing to that effect with the selectmen or the mayor and aldermen within thirty days after the publication of the notice; in the absence of such request, consent shall be presumed. Section 19. Land of a public institution belonging to the common- wealth shall not be taken for a highway, town way, street, turnpike, canal, railroad or street railway without leave of the general court. Revised Laws, Chapter 87, § 17. Section 17. The land now held and which may hereafter be held by the trustees of any state insane hospital or of the Massachusetts hospital for dipsomaniacs and inebriates in trust for the commonwealth, for the use of the hospital of which they are trustees, shall not be taken for a street, highway or railroad, without leave of the general court specially obtained. Revised Laws, Chapter 212, § 69. Section 69. Whoever lays out, opens, or makes a highway or town way, or constructs a railroad or canal, or any other thing in the nature of a public easement, over, through, in or upon any part of an en- LAYING OCT RAILROAD. 55 closure, which is the property of a city, town, parish, religious society G. s. 165, §40. or of private proprietors and is used or appropriated for the burial p - s - 207 . § 51 - of the dead, unless authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year. Revised Laws, Chapter 28, § 11. Section 71. Land taken for or held as a park by cities and towns Parks to be under the provisions of this chapter shall be forever kept open and i882? V54,' § 10. maintained as public parks; but, except in parks in the city of Boston 1893,75. and in parks comprising less than one hundred acres in extent, struc- tures for shelter, refreshment and other purposes may be erected of such material and in such places as, in the opinion of the fire com- missioners, if any, do not endanger buildings beyond the limits of such park; and the provisions of section twenty of chapter fifty-three shall not apply to such buildings. No street or way and no steam railroad or street railway shall be laid out over any portion of such park except in places and in the manner approved by the board of park com- missioners. Revised Laws, Chapter 10, § 20. Section 20. The land now taken by the commonwealth about the Land around state house shall remain an open space, and no railroad or railway remain°open t0 shall be constructed or operated in, upon or over the same. A grant 1894 - 532 - § °- made to a railroad or railway corporation shall not be construed to in- clude any portion of said land. Revised Laws, Chapter 88, § 2. Section 2. The land held by said trustees [of the Massachusetts use of land state sanatorium] in trust for the commonwealth for the use of said J^umc,-. sanatorium shall not be taken for a street, highway or railroad without 1895, 503, § 2. leave of the general court specially obtained. Laying out Railroad. Section 73. A railroad corporation may lay out its rail- Location and 1 r. i • i i c i c construction. road not more than five rods wide; and for the purpose of cut- R- r S-39. § 54. tings or embankments or of procuring stone and gravel and for g.'s. '«:'>'. j s i7.' depot and station purposes may purchase or otherwise take, in p. s.'m.'fss! the manner hereinafter provided, as much land as may bo nee- 9^^553: essary for the proper construction and security of its railroad. | Gray' 574 4 Gray, 301. 109 Mass. 527. 118 Mass. 391. 134 Mass. 14. 161 Mass. 387. 14 Gray, 93, 553. 113 Mass. 277. 124 Mass. 368. 141 Mass. 481. 167 Mass. 369. Section 74. The corporation shall, within one your after Fiiingofthe the filing of the certificate of the clerk of the board of railroad K "'s .''!!!; s 75. commissioners with the secretary of the commonwealth as pro- ^74, 372* §58. vided in section seventy-one, tile with the commissioners of each ||||' \\\-* -■ county through which the railroad parses the location of the r 5 ;!•,,., railroad as laid out, defining the courses, distances and hound- $5 ^•, , , : } 6 -. _, arms of such portion of it as lies within each county, certified 2Gray,680 1 i -i i ,• • 1 1 i 1 • 1 ,• 1 • i 1 1Jl Mass. lis. by the clerk of said board, and 111 such form and with such i27Mass.572. other particulars as may be required by the rules of said board : 143 Mats! 9. and until such location has been filed, the corporation shall not 146Mas8 - 19 • enter upon or use any land or other property, except for mak- 56 LAYING OUT RAILROAD. ing surveys. The supreme judicial court shall have jurisdic- tion in equity of any violation of the provisions of this section by any entry upon or use of lauds, ^rcha^ed^ Sectiox 7"). The corporation may, within one year after it iv'r -T6 nas P lircnaS(? d or acquired laud for railroad purposes, file with r. l.' in, § 92. the commissioners of each county in which such land is situated the Board for a location thereof, defining the courses, distances and bound- seefoot note?*' aries of such laud and cert i lied by the clerk of the board of railroad commissioners in such form and with such other par- ticulars as the rules of said board may require. Direction of Section 76. A railroad corporation, having taken land for road may be .. . , . . ».,.'?,.. varied. its railroad, mav vary the direction ot said railroad in the citv lS'i*? 1ST 5 7 " r. s'39, § 73.' or town in which such land is situated; but it shall not locate 1874, 372; 5 59. any part thereof outside the limits of the route fixed under the R. l. 111' 1 93! provisions of sections twenty and twenty-one, without the con- i09Mas^ 4 528. scn ^ * n writing of the board of aldermen or selectmen, if it was fixed under the provisions of section twenty, or of the board of railroad commissioners, if it was fixed under the provisions of section twenty-one. The corporation shall, before the expira- tion of the time required for completing the railroad, file with the county commissioners the location of the different parts where such variations have been made ; but the time for com- pleting the railroad shall not be extended in consequence of such variations, o^a^nn^nt* Section 77. A railroad corporation, with the approval in 1887,430 writing of the board of railroad commissioners, obtained upon jv. J->. 1 J 1 v 94. i6i Mass.' 369.' petition, and after notice to all persons interested, and a hear- ing, may, for the purpose of improving the alignment of its railroad, change its location, subject to the provisions of this act relative to the fixing of the route of railroads, the laying- out of the same and the taking of land and the payment of damages therefor. outside°iim1?s d Section 78. If a railroad corporation, for the purpose of of route, how making or securing its railroad or for depot or station purposes, 1835,148. § 3. requires land or materials outside the limits of the route fixed, 1853, 351, § 1'. or requires additional land for one or more new tracks adia- C* Q fit & 1 1874, 355? § 1'; cent to other land occupied by such corporation by a track or i878, § i35', § 2. tracks already in use, and is unable to obtain it by agreement 1884 134. ' xv '^' tn<> owner, it may apply to the county commissioners, who, n9 L Masl'ti6 5 ' a ^ er notice to the owner, and a hearing, may prescribe the i4i Mass. 4Si. limits within which it may be taken without his permission in 161 Mass. 387. , ... -it t 1 .• in the manner hereinafter provided; and the corporation shall, within one year after the decree, file with the commissioners of each county in which the land is situated, a location thereof, certified by the clerk of the board of railroad commissioners, defining the courses, distances and boundaries thereof, in such form and with such other particulars as the rules of said board [See i88j, 134, may require. Tf highways, buildings, parks or cemeteries are hu/hwa>j S .] to be taken, the consent of the city or town in which the land is to be taken shall first be obtained; but nothing herein con- tained shall be construed as authorizing such taking, or alter- TAKING LAND AND DAMAGES THEREFOR. 57 ing the manner thereof, if said taking is otherwise prohibited or provided for by law. Section 79. Land outside the limits of the route fixed as Land outside aforesaid, which is taken or purchased for railroad, depot or 1853,351, §3. station purposes shall not be exempt from taxation. 1874', 372, §62. P. S. 112, § 92. R. L. Ill, § 96. 8 Cush. 237. 186 Mass. 128. 1S95, 356. 4 Met. 564. 185 Mass. 114. Section 80. No length of possession or occupancy of land a^rtahtwi which belongs to a railroad corporation bv an owner or occu- land of "' " yLiv^o l . . u . corporation. pier of adjoining land, shall create in him or in a person who i|6L 100. claims under him a right to such land of the corporation. § 107. P. S. 112, §215 R. L. Ill, § 271. 146 Mass. 268. 161 Mass. 283. Section 81. The board of railroad commissioners shall, from Rules as to time to time, prescribe rules relative to the form in which all records, etc. records of locations of railroads shall be made, the particulars p. s.' 112,' § 93. to be contained therein and the manner in which such records R " L ' 1U ' § 9 ' shall be uniformly kept for preservation and convenient refer- ence in the offices of the clerks of the several counties. Xo such record shall be filed until the clerk of said board certifies thereon that it has been prepared in conformity with the rules of said board.* Taking Land and Damages therefor. Section 82. No railroad corporation shall take, by pur- Prerequisites chase or otherwise, or enter upon or use, except for making land' surveys, any land or other property for the construction of its §§ 1/4. ' railroad or of any branch or extension thereof until the county j'j gVilb. commissioners of the county in which such land or other prop- K -L. m,§98. erty is situated, after hearing the parties, have determined the manner in which the railroad shall cross the highways and other ways within such county, nor until it has obtained from the * The rules prescribed by the Board of Railroad Commissioners, under sections 75,78 and si of Tart II., chapter 463 of the Acts of 1906, in regard to records of land purchased or acquired for railroad purposes, or of railroad locations, and the manner of keeping the same, are as follows: Rule 1. Location maps shall be made upon a scale showing not more than four hun- dred feet to the inch, upon cloth-backed paper, and shall lie firmly bound forrecord in books eighteen (18) inches from top to bottom, and thirty (30) inches from back to front. Rule 2. Said maps shall show the courses of the tangents and the radii of the curves of the centre line of the railroad in question ; the widths of land taken, specifying such w [dth on each side of the centre line; also the courses of the division lines between the lots over which the location is made, and the distance between them on the centre line. When the land purchased or taken is entirely on one side of the centre line of location or outside the location, the description shall be so made as to tie the boundary lines of the lot to the centre line bv lines, the courses and distances of which from a fixed point or points Oil Said centre line shall be given. Where but one track is laid, the position of such track with reference to the centre line shall also be shown, in order that the boundaries of land may hereafter be determined bv measurements from tin- track as laid, if the same shall not have been changed. Where two tracks are laid it shall be specified whether the centre line is the centre line of one of them or is midwav between them, Note. — The course.* called for above may be either magnetic or true, but the maps and descriptions must specify which are given. RULE 8. The description in writing must in all cases correspond with the map, and the two taken together must have the substantial certainty and precision of a deed. (2 Gray, 680.) Rule i. The location shall be certified by the directors of the corporation, or by the president, if authorized bv a vote of said directors. Rule 5. The location,' when deposited with the clerk of the count > commissioners, shall be kept for preservation anil convenient reference in the office of said clerk, in a cabinet used exclusively' for that purpose, and furnished w it li shelves sufficient to allow .it least one, separate shelf for the maps of each corporation Owning a railroad within the county, Rule6. A book shall be kept In the office of each clerk, in which shall be recorded the name of every location, the time when it was tiled, and the shelf w here it is deposited. RULE 7. >to location after it has once been tiled shall be taken from the ollice of the clerk for any purpose except upon the order of a court or other proper authority. 58 TAKING LAM) AND DAMAGES THEREFOR. board of railroad commissioners the consent required by sec- tions one hundred and seven and one hundred and eleven in all cases in which the county commissioners adjudge that public necessity requires the crossing at the same level; and notice of such hearing' shall be given by publication for three successive weeks in one or more newspapers published in such county, the last publication to be at least seven days before the hearing. The supreme judicial court shall have jurisdiction in equity of violations of the provisions of this section. TaMng land. Section 83. If a railroad corporation is not able to obtain and damages . 1 -i 1 • therefor. by agreement with the owner the land or materials necessary 1834! 13?! § 1! for its purposes as described in sections seventy-three, seventy- iT's'.' 39, ' ' " four, seventy-six and seventy-eight, it may take the same. It l§ 5o, 56, 63, sna |] p a v a ]| c l ama g es caused by laying out, making and main- [§531 iiii § l taining its railroad, or by taking land or materials therefor; cf 5 s'63 8 ' § 33 ' an0 - sllcn damages, upon the application of either party, shall §§ 19, 21, 36, k e estimated by the county commissioners in the manner pro- is74, 372, § 63. vided with reference to the laying out of highways ; and if it is P. S. 112, § 95. . " . ° . J ' r. l. in' § oo! intended to take land or materials, application may be made 3 Met! 380. ' before the actual taking and appropriation thereof. 3 Cush. 107. 2 Gray, 1. 103 Mass. 1, 10. 121 Mass. 124. 144 Mass. 139. 4 Cush. 291,467. 4 Gray, 301. 105 Mass. 303. 124 Mass. 118. 152 Mass. 506. 10 Cush. 385. 14 Grav, 553. 107 Mass. 352. 125 Mass. 1. 178 Mass. 76. 11 Cush. 506. 7 Alien, 313. 109 Mass. 527. 127 Mass. 571. 182 Mass. 351. 12 Cush. 224, 605. 14 Allen, 57. 113 Mass. 52, 277. 141 Mass. 174. Limitation of Section 84. Xo application to the county commissioners to applications. \ ±1 J 1833,187, §i. estimate damages for land or other property taken shall, except g.'s. 63,' §29 as is provided in sections ninety-eight to one hundred, inclu- 1868! 56. ' sive, be sustained, unless it is made within three years after the P. ? S.' 111,' § 96! filing of the location. R. L. Ill, § lOO. 7 Met. 78. 7 Gray, 389, 450. Securities for Section 85. Upon application to the county commissioners damages and x ll . » . costs. by either party for an estimate ot damages, thev shall, if re- 1833, 187, §3. - r .i '4.1 +• 4. ■ 1835, 148, § i. quested bv the owner, require the corporation to give security T) O OQ & At * *■' 1855', 9, '§ i. ' to their satisfaction for the payment of all damages and costs 1874, 372?§ 3 65. which may be awarded by them or by a jury for the land or R.L.iii', ' other property taken; and if, upon petition of the owner and i27°Mass 50. notice to the adverse party, any security taken appears to them 153 Mass. 565. f have become insufficient, they shall require the corporation to give further security to their satisfaction. ownerf to Section 86. After the county commissioners have made r 3 |'39 7 4 62* the* 1 * estimate, the corporation may tender to the owner of the 1874' 37''' § tfoo l anc * or otner Property the amount of damages estimated, in p. s.' 112,' §98'. full satisfaction thereof, with costs. r. l. in, § 102. fo? P a U j ? uSr 0n Section 87. Either party, if dissatisfied with the estimate is 33 , 173'. § *' of the county commissioners, may, at any time within one year § l §57 3 64 after it has been completed and returned, apply for a jury to isr' ls'i't 1' assess tne damages. If no such application is made, the com- G. s.'63, ' ' missioners, after the expiration of said year, may issue a war- i873%6 7 i. rant of distress to compel the payment of the damages, with p 87 s.' ill,' I 99! interest and costs. R. l. 111. § 103. 21 Pick. 258. 1 Gray, 72. 119 Mass. 485. 125 Mass. 483. 128 Mass. 347. 139 Mass. 173. r833 ee i87, gs ' Section 88. When either party applies for a jury to assess f| |-'| 9 ' the damages, the proceedings shall be the same as are provided §§ 56, 62. TAKING LAND AND DAMAGES THEREFOR. 59 for the recovery of damages in the laying our of highways ; but Jf??- ?if' f ?■ upon such application, the prevailing party shall recover costs. lv ^,». }?.i- If the owner has refused the tender specified in section eighty- 55 2i, 35. six, he shall pay all costs caused by the application and arising p.s.'m,' si on after the tender, unless, upon the final hearing, he recovers a k l.'iii. greater amount of damages than the amount tendered. If the i3 lf M et .3iG. corporation applied for the jury, and upon the final hearing f ^";J; |fs the damages estimated by the county commissioners are not re- }?'~ \ I:iss ■ il, c ;- O «/ t/ 135 .Mass. .), (). duced, it shall pay all costs caused by the application. 139 Mass - 213 - Section 89. If the corporation does not pay the amount of Damages, , liii- • 1 • i • i c when payable. damages awarded . bv the lury within thirtv days atter such is47, 259, § 3. i< o %J v d 1855 9 5 ! ! award, a warrant of distress or execution may issue to compel g._s.'63. §"33. the payment thereof with costs and interest. p.S/112, R. L. Ill, § 105. 127 Mass. 50. § 101 " Section 90. After a railroad corporation has taken land or pian of land other property in the manner hereinbefore authorized, it shall, Fencing! before constructing the railroad, furnish a plan of the land to r. 3 |.' 39, 7 § lo. the owner, and, upon request of the owner or occupant, shall G 84 f'63 7 §45' fence it, and, upon demand made by the owner of such other p 8 ^'^/! ' § 70- property within three years after the taking thereof, shall, within § 102. thirtv davs, furnish him with a plan or description thereof in § 106. ..." " - 1 x 145 Mass. 450. Writing. 146 Mass. 194. Section 91. All the right and authority of a railroad cor- Right to use poration to enter upon and use land or property taken by it, jUnded, S when. except for making surveys, shall be suspended until it gives the [3 f,'3. 87, security required by section eighty-five; or, if for thirty days § { § '6o''6i after a warrant has issued under the provisions of section eighty- Jiff. 2 seven, it neglects to pay the same, until payment thereoi ; or G. s .63, until it satisfies a warrant or execution issued under the provi- 1874,372, sions of section eighty-nine; or until it delivers a description 70,72. or ])lan as prescribed by section ninety; and during the time in §§97,99, 101, which its right to enter upon or use land or other property is so R^ui, suspended, the supreme judicial court, upon petition of an f 2 7°M asa 50 . OAvner of the land or other property, shall have jurisdiction in equity to prohibit and restrain the corporation from entering upon or using such land or property. Section 92. An owner of land who is aggrieved by the loca- Changeof tion of a railroad crossing his land in such manner as to be of county com- missioners. grievous damage, which could be avoided without serious injury m h ^ n ° to others, may, within thirty days after receiving the plan of [fof § 5 |; 5 13: his land, as provided in section ninety, petition the commis- p^s/m,' § 71 " sioners of the county in which the land lies, who shall give ^j 1 ', 11 ,,, notice and hear (he parties, either at their regular meeting or at § "». a meeting called by (heir chairman for the purpose. If it ap- pears that such location will greatly and unnecessarily damage the petitioner, and thai it can so be changed as entirely or partly to avoid such damage without material detriment to the line of the railroad and without great injury to other parties, the commissioners shall change such location accordingly. They shall give to each party a certificate of their determination within sixty days after receiving the petition. The compensa- 60 TAKING LAND AND DAMAGES THEREFOR. Jurisdiction of commissioners over land in contiguous counties. 1853, 5, |§ 1. 2. G. S. 63. § 23. 1874, 372, §73. PS. 112, § 105. R. L. Ill, § 109. Guardian or trustee may re- lease damages. R. S. 39, § 93. G. S. 63. § 24. 1874. 372, § 74. P. S. 112, § 106. Assessment of damages for different in- terests. 1851, 290, §§ 1, 2. G. S. 63, § 25. 1874, 372, § 75. 1875, 117, |§ 1, 4. P. S. 112, § 107. R. L. Ill, § 111. tion of the commissioners, not exceeding five dollars each a day and i heir necessary expenses, which shall be retained to their own use, and the costs of the petition, shall be paid by the cor- poration; but if the commissioners decide that the petition was frivolous, such compensation, expenses and costs shall be paid by the petitioner. Section 1K5. If land which is owned by one person lies con- tiguously in different counties, an application for damages under the provisions of section eighty-three may be made by the owner of the land to the commissioners of any of such counties ; and the commissioners of the county to whom application is first made shall have exclusive jurisdiction, with like powers and du lies as are set forth in said section and in section one hun- dred and one; and either party may apply for a jury as pro- vided in section eighty-seven, and such jury shall be from the same county as the commissioners, and shall estimate such damages as though the land lay entirely in one county. Section 04. If land or other property of a person who is under guardianship, or if land which is held in trust, is taken for the use of a railroad, the guardian or trustee may release all damages, in like manner as if the land or other property were held in his own right. r. l. in, § no. Section 95. If a tenant for life or for years and the re- mainderman or reversioner claim damages for the laying out or alteration of a railroad, or if it appears that the real estate taken or affected is encumbered by a contingent remainder, ex- ecutory devise or power of appointment, the damages shall be assessed and paid over and disposed of in the manner provided in sections seventeen, eighteen, nineteen and twenty-six of chap- ter forty-eight of the Revised Laws relative to damages assessed in like cases in laving ont highways. Damages of claimants having dif- ferent in- terests. R. S. 24, § 12. 1851, 290, § 1. G.S. 43, § 17. 1875, 117, § 1. P. S. 49, §§ 18, 28. 1883, 253. 23 Pick. 433. 106 Mass. 547. 108 Mass. 535. ill Mass. 483. 121 Ma>s. 153. 126 Mass. 384. 133 Mass. 207. 149 Mass. 176. Certain dam- ages to be awarded separately. 1S71, 388, § 3. P. S. 49, § 27. 16S Mass. 366. Revised Laws, Chapter 48, §§ 17, 18, 19, 26. Section 17. If a tenant for life or for years and the remainderman or reversioner sustain damages in their property by the laying out, relocation, alteration or discontinuance of, or by specific repairs on, a highway, or if the property is encumbered by a contingent remainder, executory devise or power of appointment, entire damages, or an entire amount as indemnity, shall be assessed without apportionment thereof; and shall be paid to, or be recoverable by, any person whom the parties may appoint, and be held in trust by him for their benefit according to their respective interests. The trustee shall, from the income thereof, pay to the reversioner or remainderman the value of any annual rent or other payment which would, but for such damages, have been pay- able by the tenant, and the balance thereof to such tenant during the period for which his estate was limited, and upon its termination, he shall pay the principal to the reversioner or remainderman. Section 18. The amount so to be placed in trust shall include only the damages assessed to the whole property when the value thereof is ascertained; and any damage special to a separate estate therein, and all interest or other earnings which accrue between the taking and the receipt by the trustee of the damages In the whole property, shall be awarded in the same proceedings separately. TAKING LAND AND DAMAGES THEREFOR. 61 Section 19. If a person having' an interest in such property is, by Trustee in cer- reason of legal disability, incapable of choosing a trustee, or is un- a^^ted^y 1 * 6 ascertained or not in being, or if the parlies cannot agree upon a choice, i";? ba ^ ! the probate court of the county in which the property is situated shall, G. S.*43, §18. upon application of the county commissioners or of any persons in- p.s/49 terested or of any other person, in behalf of such persons, whether IL 1 ?; 29 ^, i -i -i- 1 ■ 126 Mass. 384 in being or not, as may. by any possibility be or become interested 133 Mass. 207. in said property, appoint a trustee, who shall give to the judge of probate a bond with such sureties and in such sum as the judge may order, conditioned for the faithful performance of his duties. Section 26. The tenant in possession of land which is encumbered Tenant in pos- , , . ■ -, , n ■ , session may by a contingent remainder, executory devise or power of appointment apply for a may, subject to the provisions of section twenty-eight, apply for a f^ees ,he jury to revise the judgment of the commissioners in the assessment of if 75 '! 17 ' damages; and if he fails so to apply within the first six months of such P. s.'49, § 30. year, said trustees may within the remaining six months thereof apply for such jury. Section 96. If the land is mortgaged, both the mortgagor Assessment and the mortgagee, in addition to their rights under the mort- whenTa^ds gage, shall have the same powers, rights and privileges, and be i855™247, aged ' subject to the same liabilities and duties, as are provided in g s'<53 5 §26 this act for land owners in cases of damages arising under the p 87 g\ 37 9 ,§ 76 " provisions of section eighty-three; and all petitions for the esti- § ios. iiiation of such damages shall state all mortgages which are § 112. known by the petitioner to exist upon the premises. Mortgagors i26 r Mass. 4.' and mortgagees may join in any such petition, and the tribunal 1 ' SMass - 76 - to which it is presented shall order the petitioner to give notice thereof to all such mortgagors or mortgagees, by serving on each of them, fourteen days at least before the time of hearing, an attested copy thereof and of the order thereon, that they may become parties to the proceedings. Section 97. If mortgagors or mortgagees begin or become Apportion- parties to such proceedings, entire damages shall, upon final ages, judgment, be assessed for the property taken, and such portion §j 1-3. thereof as is equal to the amount then unpaid thereon shall be 1^74,^7-! Tr:. ordered to be paid to every mortgagee who is a party in the I\og* 12, order of his mortgage, and the remainder to the mortgagor; and j jjo 111, separate judgment shall be entered accordingly for each mort- 5 Gray, 470. gagee, who shall hold his judgment in trust, first, with any pro- ceeds realized thereon, to satisfy his mortgage debt, and, after such debt is in any way satisfied, to assign the judgment or pay over any remainder of proceeds to the mortgagor or other per- son entitled thereto. Revised Laws, Chapter 163, § 13. Section 13. If real property of a married woman is taken for a Disposition of railroad, a way or any oilier public use, or is damaged by the laying uSd^mar^ out of a railroad, way or by any other public works, the damages or nod woman i it • taken for rail- compensation awarded therefor may be so invested and disposed « * 1 as road, etc. to secure to ber the same rights in the amount so awarded and the 1 ; ' s' ' 7 7 . 's 17. income thereof as she would have had in the real property and the p's'iSf' j income thereof if such real property had not been so taken or damaged. 14 Pick. 108. 62 TAKING LAM) AND DAMAGES THEREFOR. Proceedings when mort- land i- i i,. rn. L881, 110. P. S. 19, 5 110. 1 Ki Mass. 403. The probate court shall have concurrent jurisdiction in equity, upon the petition of such woman, to hear and determine it and to enforce and secure her rights. Revised Laws, Chapter 48, § 114. Section 114. If mortgaged land is taken for public uses under authority of law, both mortgagors and mortgagees, in addition to their rights under the mortgage, shall have the same powers, rights and privileges and be subject to the same liabilities and duties as are pro- vided in sections one hundred and twelve and one hundred and thirteen of chapter one hundred and eleven in the case of mortgaged lands so taken by railroad corporations. Extension of time for loca- tion to revive claims. 1862, 103. 1874, 372, § 78. P. S. 112, § 110. R. L. Ill, § 114. Application for damages within one year after de- cision as to validity of location. is:;:,, 1 is. 5 7. II. S 39, § 59. G. S. 63, § 30. 1874, 372, § 79. P. S. 112, § HI. R. L. Ill, § 115. 7 Grav, 450. 137 Mass. 478. New applica- tion if pro- ceedings are quashed. 1847, 181, § 2. G. S. 63, § 31. 1874, 372. § 80. P. S. 112, § 112. R. L. Ill, .; L16. 125 Mass. 484. Section 98. If the time for locating or constructing a rail- road shall be extended by statute, all unsettled claims against the corporation for damages to land shall be revived, and the claimants for such damages may apply to the county commis- sioners, or for a jury, if the estimate of the commissioners has been completed and returned, within one year after the passage of such statute. The provisions of this section shall not include cases in which, by reason of a defect in the original location of a railroad already constructed, a new location is rendered nec- essary. Section 99. If a suit is brought in which the right of the corporation to lay out and construct its railroad on a particular location is drawn in question, an application to the county commissioners for the estimation of damages caused by the taking of land or property within such location may be made within one year after the final determination of such suit upon the merits, if such suit is brought within one year after the time of such taking, or is brought for the pur- pose of trying the same right which was drawn in question in an earlier suit which was begun within one year after the time of taking and which failed for want of jurisdiction, defect of form or other like cause which was not decisive of the merits of the controversy, and is brought within six months after the de- termination of such former suit. Section 100. If a person applies for an estimate of his damages within the time limited by law, or applies for a jury to assess the damages, or is a party to such application by an- other person for a jury, and the petition or other proceeding is q uashed, abated or otherwise avoided or defeated for any in- accuracy, irregularity or matter of form, or if, after verdict for such applicant or other party, the judgment is arrested or re- versed on a writ of error, or the proceedings are quashed on certiorari, such applicant, petitioner or other party may begin such proceedings anew at any time within one year after such abatement, reversal or other determination. Discontinu- ance of pro- ceedings to recover land damages regulated. Revised Laws, Chapter 48, § 112. Section 112. No petition, suit, appeal or other proceeding in the supreme judicial court or in the superior court taken or instituted by any party aggrieved by the award of damages caused by laying out, making EMBANKMENTS, FENCES, ETC. 63 and maintaining a railroad or by taking land or materials therefor, or isso, in. by the laying out, alteration or discontinuance of a highway, town i25Mas« way <>r private way, or by taking land or materials therefor, shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party thereto may prosecute the same as if it had been begun by him. Embankments, Fences, etc. Section 101. At the time of estimating damages to land ^fof 1 em- n ' owners under the provisions of section eighty-three, the county J^"^"' 1 '^ commissioners shall in addition thereto order the corporation V l !! ( ! < j re 1 fi .;- to construct and maintain such embankments, culverts, walls, §§ i,*3. fences or other structures as thev -judge reasonable for the se- 1874, 372, § si. curity and benefit of such owners, and shall proscribe the time § Via. and manner of making or repairing thorn, and it shall not be § us. 111, competent for a jury to reverse such order. 154 Mass. 314. Section 102. If the corporation neglects to comply with Enforcement sncli order, the supreme judicial court, upon application of the 1841,125, \ 2. land owner who is interested in its execution, or his assigns, is74,372?§ 4 82. shall have jurisdiction in equity to enforce the specific perform- F'114 112 ' ance thereof. Or if the corporation, for more than forty-eight 5 j^g 111, hours after notice of such neglect, given in writing to the presi- 6Cush. 420. dent or superintendent, fails to begin the work required to be done, or thereafter unreasonably delays, to complete it, the per- son so interested may, in an action of tort against the corpora- tion, recover double the damages sustained by him by reason of the neglect. Section 10:>. Every railroad corporation shall erect and flleflVi, maintain suitable fences, with convenient bars, gates or openings ffss 350 § 5 therein, upon both sides of the entire length of its railroad, j?.- 1 3 6 |^ except at the crossings of a public wav or in places where the '^'J- '■"'-.■ »*'• 1 o J • 1 1S79. 205, J 1. convenient use of the railroad would be thereby obstructed, and P.S.'ii2,' except at places where, and so long as, it is specially exempted 1882/162. from the duty of so doing by the board of railroad commis- §126. sioners. Such an exemption granted prior to the first day of 12 Hush! 605. August in the year eighteen hundred and eighty-two shall not be 98Mass. 1 560 revoked except upon new proceedings had under the provisions |9J jjj 8 ^ y^l of this section, notice of which shall be given to the corpora- 107M.t--.111 1 1 T 1 1 • 1 r ^ • 1 • l08 MaBS - l89 - tion, and published once in each ot three successive weeks in a us Mass. 158, newspaper published in each county in which the land is situ- 121'Mass. 118. ated. The corporation shall also construct and maintain suffi- L40 Mass! 240. cient barriers, where it is necessary and practicable so to do, to ^1 Mass! 322! prevent the entrance of cattle upon the railroad. A corporation which unreasonably neglects to comply with the provisions of this and the following section shall, for every such neglect, for- feit not more than two hundred dollars for every month during which the neglect continues; and the supreme judicial court shall have jurisdiction in equity to compel the corporation to comply with such provisions, and, upon such neglect, to restrain and prohibit it from crossing a highway or town wav, or from using any land, until such provisions shall have been complied with. 64 CROSSINGS. i Josl of fenc- ing, how re- i -i'\ ered from in! son liable. L879, -'05, § 2. P. 8. 11-', ; i L6 i; i.. in. 5 121. 132 Mass. 24. Liens on regis- tered land, how enforced. 1898,562, § 78. Separation < grade cross- ings by agreement. 1881, 120. P. S. 112, § 117. R. L. Ill, § 122. Section 104. If a person other than the railroad corpora- tion is required by law or contract to erect or maintain fences along a part of the line of the railroad, the corporation shall erect such fences or keep them in repair as provided in the pre- ceding section, and may recover the reasonable cost thereof in an action of contract from such person. If he is an owner of land adjoining such line, the corporation shall also have a lien upon said land for labor performed and furnished and all ma- terials furnished and used by it in erecting and repairing such fences upon such land, and for the costs which may arise in enforcing it; and it shall he enforced in the manner provided for enforcing liens in chapter one hundred and ninety-seven of the Revised Laws. Revised Laws, Chapter 128, § 77. Section 77. A lien of any description upon registered land shall be enforced in the same manner as like liens upon unregistered land. If registered land is set off or sold on execution, or taken or sold for taxes or for any assessment, or sold to enforce a lien for labor or materials, or the lien of a mortgagee or co-tenant arising from a pay- ment of taxes; or for an assessment under the provisions of sections twenty-three to twenty-five of chapter fifty, or for costs and charges for taking down dangerous structures under the provisions of section seven of chapter one hundred and four, or for erecting fences along the line of a railroad corporation under the provisions of section one hundred and twenty-one of chapter one hundred and eleven or for improving meadows and swamps under the provisions of sections four to seven, inclusive, of chapter one hundred and ninety-five, or for flowing land under the provisions of section fourteen of chapter one hundred and ninety-six, or for any costs and charges incident to such liens, any execution, or copy of the execution, any officer's return, or any deed, demand, certificate or affidavit or other instrument made in the course of proceedings to enforce such liens and required by law to be recorded in the registry of deeds in the case of unregistered land, shall be filed with the assistant recorder for the district in which the land lies and registered in the registration book, and a memorandum made upon the proper certificate of title in each case as an adverse claim or encumbrance. Crossings. Section 105. If two or more railroad corporations whose tracks cross each other at the same level agree to separate the grades, they may apply to the board of railroad commissioners, which shall thereupon determine when, in what manner and by which corporation said work and each portion thereof shall be done, and shall apportion all charges and expenses caused by making such alterations and all future charges for keeping the necessary structures connected therewith in repair among said corporations. For said purposes, the corporations may, under the direction of said hoard, make all necessary changes in the location, grade and construction of said railroads, and, so far as may be necessary, may take additional land therefor, and may raise, lower or otherwise change any and all highways and town ways ; and in the exercise of said powers said corporations, CROSSINGS. G5 and any person who sustains damage thereby, shall have all the rights, privileges and remedies, and be subject to all the duties, liabilities and restrictions provided by law in the ease of land taken by railroad corporations. The supreme judicial court shall have jurisdiction in equity to enforce compliance with all such orders of said board. Section 106. A railroad shall not be constructed across an- Crossings of other railroad at the same level without the consent in writing with another, of the board of railroad commissioners, nor across navigable gabie^waters" or tide waters without the consent in writing of the board of liof § 5 |.' 5 12; harbor and land commissioners, and in such manner as said Ify!' ifjj 1 372 boards, respectively, shall prescribe, nor across any portion of \^ 156 the deep channel of Boston harbor below the bridges existing p. s.'ii2, on the thirtieth day of March in the year eighteen hundred R. L.111, and eighty-one, without special legislative authority. Any lit- i25~Mass. 253. toral proprietor whose access to the sea is obstructed or inter- rupted by the location and construction, after said day, of any railroad across tide w r ater, otherwise than by a bridge with a suitable draw, may recover of the corporation whose railroad is so located all damages caused by such location and construction, in the same manner and with the same rights as to security as are provided by law in relation to damages caused by laying out and maintaining railroads; but this provision as to damages shall not apply to any railroad constructed under the provisions of chapter two hundred and fifty-two of the acts of the year Common- eighteen hundred and eighty. Associates for the purpose of wea ' a s ats - constructing a railroad under the provisions of section thirteen, or a corporation which proceeds to construct its railroad or branch or extension thereof, shall not take proceedings which involve a new crossing of one railroad by another at the same level, unless such crossing is first approved in writing by the board of railroad commissioners; and every preliminary ap- proval of a plan for such crossing shall be subject to revision by said board. The supreme judicial court shall have jurisdiction in equity, upon information tiled by the attorney-general, of violations of the provisions of this section. Section 107. A railroad which is laid out across a public Railroad way shall be so constructed ns not to obstruct tin 1 same; and, highway not unless the county commissioners and the board of railroad com- the°aame.' ' missioners authorize a crossing at the same level as provided in i846 ( 27'if § 6 l section one hundred and eleven, it shall be constructed so as to 9. ; * ti ,i: ; 7 pass either over or under the way, as prescribed in the follow- Jl 7 *- : : 7 { 2 ' § 86 - ing section, and conformably to any decree which may be made P-,?^ 112 - by the county commissioners under the provisions of section one R. L.111, hundred and nine. 14 Gray, 379. 14 Alien, 444. Si<;ction 108. If the railroad is constructed to pass over the Spaceunder wav, a sufficient space shall be left under the railroad conven ' iently to accommodate the travel on the wav. If the railroad <; 3.' 63. & 47.' is constructed to pass under the way, the railroad corporation 1875! 219. shall build such bridges, with their abutments and suitable ap- f'120. proaches thereto, as will accommodate the travel upon the way; jiJii. 111, 66 CROSSINGS. 130 Mass. 361. 176 Mass. 145. Highway may be raised or lowered under direction of county com- missioners. 1833, 1ST. § 5. H. S. 39, § 67. 1855, 350, § 1. G. S. 63, § 48. 1874, 372, § 88, P. S. 112, 8 121. R. L. Ill, § 126. 23 Pick. 326. 9 Cush. 1. 1 Allen, 329. 14 Allen. 444. 113 Mass. 52. 134 Mass. 549. Course of high- way may be altered. 1833, 187, § 6. R. S. 39. j 7u. 1849, 159. G. S. 63, § 55. 1874, 372, § 89. P. S. 112, § 122. R. L. Ill, § 127. 14 Allen, 444. Crossing high- way or town way at a level. 1864, 152, §§ 2, 5, 6. 1865, 239, § 1. 1^7 1. 372, § 90. is 76, 73. P. S. 112, § 123. R. L. Ill, § 128. 178 Mass. 195. Rails to be pro- tected at high- v. ay crossing. 1857, 287, § 6. G. S. 63, § 60. 1874, 372, § 91. P. S. 112, j 124. R. L. Ill, § 129. 140 Mass. 84. 147 Mass. 505. 164 Mass. 393. 178 Mass. 195. but no bridge for any purpose shall be constructed over a rail- road at a height less than eighteen feet above the track of such railroad, except by the consent in writing of the board of rail- road commissioners. The supreme judicial court shall have jurisdiction in equity to enforce compliance with the provi- sions of this section. Section 1<>!>. A railroad corporation may raise or lower a public way for the purpose of having its railroad pass over or under the same; but before proceeding to cross or to alter or excavate for the purpose of crossing the way, it shall obtain from the county commissioners a decree prescribing what al- terations may be made in the way, and what structures erected at the crossing; and the manner and time of making or erect- ing the same; and before entering upon, excavating or altering the way, it shall give to the city or town in which the crossing is situated security, satisfactory to the commissioners, that it will faithfully comply with the requirements of the decree to their acceptance, and will indemnify the city or town against all damages and charges by reason of a failure so to do. Section 110. A railroad corporation may alter the course of a public way for the purpose of facilitating the crossing thereof by its railroad or of permitting its railroad to pass at the side thereof without crossing, if, after notice to the city or town in which the way is situated, and a hearing, the county commissioners decide that such alteration will not essentially injure the way, and make a decree prescribing the time and manner of such alteration. The corporation shall pay all dam- ages caused to private property by the alteration, as in case of land taken for its railroad. Section 111. If a railroad is laid out across a public way, the county commissioners, upon the application of the railroad corporation, or of the board of aldermen of the city or select- men of the town in which the crossing is situated, after notice to all persons interested and a hearing, may adjudge that pub- lic necessity requires the crossing at the same level, and may, if the board of railroad commissioners also consents in writing to such crossing at the same level, make a decree specially to authorize and require the corporation so to construct its rail- road, in such manner as shall be prescribed in the decree, and said commissioners may modify the terms of such decree or may revoke it at any time before the construction of the rail- road at such crossing. Section 112. A railroad corporation whose railroad is crossed by a public way at the same level shall, at its own ex- pense, so guard or protect its rails by plank, timber or other- wise as to secure a safe and easy passage across its railroad; and if, in the opinion of the county commissioners, any subse- quent alteration of the highway or other way or additional safe- guards are required at the crossing, they may make a decree ordering the corporation to establish the same as provided in section one hundred and nine. CROSSINGS. 07 Section 113. A public way may be laid out across a rail- When i i -, . » i v . ways may be road previously constructed, it the county commissioners ad- laid out across judge that the public necessity and convenience so require; and R. S. 39, § 69. in such case, after notice to the railroad corporation and a hear- §§ 1-5. ing of all parties interested, they may thus lay out or may an- §§57-59. thorize a city or town, upon petition of the board of aldermen 1I7I; 73 2, * 92 " or selectmen thereof, to lay out a way across a railroad, in such fifs 112, manner as not to injure or obstruct the railroad, and otherwise j,!}; 111, in conformity with the provisions of sections one hundred and 11 Gray, 512. seven and one hundred and eight ; but they shall not permit it 7 Alien! 523! to cross at a level with the railroad unless public necessity 147 Mass! 455. so requires, and the board of railroad commissioners consents 173 Mai*! i^ 3 thereto in writing, in which case the county commissioners may [|| ^J;^; {;[;!• give special authority for such crossing as provided in section 1SS Mass - - a4 - one hundred and eleven. Acts of 1905, Chapter 456. An Act to authorize the Metropolitan Park Commission to lay out, extend and construct Roadways and Parkways across Railroads, and to make Certain Agreements with Railroad Companies. Section 1. The metropolitan park commission is hereby authorized The metropoli- . , . . ' . tan park com- to make and enter into such agreements with any railroad corporation mission may as may be necessary to secure or facilitate the laying out, extension, roadways, etc., construction and maintenance of a roadway or parkway under the care, ^ d ss r j ll_ custody or control of said commission across railroad lands or locations, and to indemnify such railroad corporation against any claims for damages to persons or property, arising out of such laying out, exten- sion, construction and maintenance. Section 2. Said commission shall give the railroad corporation To give notice thirty days' notice in writing of the proposed work, accompanied by a corporations plan thereof; and in case said commission is unable to agree with etc - the railroad corporation across whose land or location it desires to lay out, extend and construct a roadway or parkway, it may have the question of its right to cross and the manner of crossing determined by the board of railroad commissioners: provided, however, thai no Proviso. crossing of such roadway or parkway shall be at a level with the railroad tracks and thai no such roadway or parkway shall be laid out, extended and constructed across a railroad in such manner as to injure or obstruct the railroad. Section 3. Said hoard, upon petition of the commission, and after Railroad corn- due notice to the railroad company, shall hear the parties; and the ""X"" "' :iy board, if of opinion that said petition should he granted, shall make decree, etc. a decree describing the place time and manner of constructing such Crossing, and how much, if any, of the work made necessary by such crossing shall he done by the railroad i ipany; and thereafter said commission may lay out, construct and maintain such roadway or parkway across the railroad in accordance with the terms of said decree. SECTION 4. All expenses of and incident to constructing and main- Paymentof tabling any roadway or parkway crossing a railroad as herein provided *' M ' shall be borne by the Commonwealth and shall be paid oul of the funds available for use by said commission, unless otherwise determined by an agreement between said commission and any such railroad cor- poration. (58 CROSSINGS. Damages. Proviso. Alterations of canals. 1837, 226, §§ 1,4. G. S. 63, § 56. 1X71. 372, § 93. P. S. 112, § 126. K. L. Ill, § 131. Obstructions and repairs at en issings. 1855, 350, § 2. G. S. 63, § 49. 1874, 372, § 94. P. S. 112, * 127. i: L. in, § 132. Repairs of bridges, etc. K. S. 39, § 72. L846, 271, § 1. 1851, 88. 1855, 350, § 4. G. S. 63, §| 61, 67, 69. 1872, 262, 5 6. 1874, 372. § 95. P. 8. 11-', 5 L28 l; l. in, § 133. 7 Cush. 490. 12 Allen, 254. 97 Mass. 430. 131 Mass. 516. 13* Mass. I.")!. 139 Mass. 528. L59 Mass. 289. 188 Mass. 234. Section' 5. The damages sustained by any railroad corporation by reason of the laying out, extension, construction and maintenance of a roadway or parkway under this act may be assessed by a jury of the superior courl in the same manner as is provided by law with respect to damages sustained by reason of the laying out of ways: provided, however, that no suit for such damages shall be brought after the ex- piration of three years from the day when the railroad is entered upon for the purpose of constructing any roadway or parkway as authorized herein. Section 6. This act shall take effect upon its passage. [Approved May 25, 1905. Section 114. A railroad corporation may, with the consent of a canal corporation, alter the course of a canal or of a feeder to a canal, which interferes with the convenient location of its railroad. Damages caused by taking property therefor shall be estimated and paid as in case of land taken under the provi- sions of section eighty-three. Section 115. If, upon application to the county commis- sioners by the board of aldermen of a city or selectmen of a town, and after notice to the corporation which owns or oper- ates a railroad, and a hearing, it appears that the railroad so crosses a public way as to obstruct it, contrary to the provi- sions of section one hundred and seven, or of a decree made under the provisions of section one hundred and nine, or that the corporation refuses or neglects to keep a bridge or other structure which is required or necessary at such crossing in proper repair, the county commissioners may make a decree prescribing what repairs shall be made by the corporation at the crossing, and the time within which they shall be made, and shall make a decree ordering the corporation to pay the costs of the application. They may further order the corpora- tion to give security, as provided in section one hundred and nine, for the faithful performance of the requirements of the decree and for the indemnity of said city or town upon a fail- ure in such performance. Section 116. Every railroad corporation shall, except as provided in sections twenty-nine to forty-five, inclusive, of Part 1, at its own expense, construct, maintain and keep in repair all bridges, with their approaches and abutments, which it is authorized or required to construct over or under a canal or public way; and a city or town may recover of the railroad corporation whose railroad crosses a public way therein all damages, charges and expenses incurred by such city or town by reason of the neglect or refusal of the corporation to erect or keep in repair all structures required or necessary at such crossing; but if, after the laying out and building of a rail- road, the county commissioners authorize a public way to be laid out across the railroad, all expenses of and incident to constructing and maintaining the way at such crossing shall be borne by the county, city, town or other owner of the same, un- less otherwise determined by an award of a special coniniis- VSb 1908. Chapter 552. An Act relative to the Repair and Maintenance of Certain Bridges. Section 1. If the county commissioners of a county, the board of Maintenance aldermen of a city or the selectmen of a town in which a bridge at the i',' n ' crossing of a public way and a railroad, or a bridge upon which a street railway company is authorized to lay and use tracks, is located in whole or in part, or the directors of a corporation owning or operating such railroad, or the directors of a company owning or operating such street railway, are of the opinion that such bridge is in need of maintenance or repair, they may apply to the board of rail- road commissioners who shall, after public notice, hear all persons interested, and, if they decide that the work of maintenance or repair is necessary, shall prescribe the manner in and the limits within which it shall be done, and shall forthwith certify their decision to the parties. Section 2. If railroad corporations, street railway companies, conn- Maintenance ties, cities, towns, or any of them, jointly or severally, are charged with j'' I ! 1 ' ( 1 1 ,"',!/ : " r "' the duty of maintaining or repairing any such bridge under any provi- sion of law, agreement, or decree of court, and if the party or parties so charged with such duty refuse or neglect to carry into effect such decision within a reasonable time, any other such party may apply to the superior court, which shall have jurisdiction in equity to enforce the carrying into effect of such decision by the party or parties so charged with such duty. Section 3. This act shall take effect upon its passage. [Approved May 27, 1903. CROSSINGS. G9 sion, under proceedings in accordance with the provisions of [the five following sections.] sections twenty-three to twenty- eight, inclusive, of Part I. Acts of 1907, Chapter 315. An Act relative to constructing Ways across the Locations of Railroad Corpora- tions. Section 1. Section one hundred and sixteen of Part II of chapter iqq6, j,es, four hundred and sixty-three of the acts of the year nineteen hundred amended - and six is hereby amended by striking- out the words " the five following sections ", at the end thereof, and inserting in place thereof the words : — sections twenty-three to twenty-eight, inclusive, of Part I, — so as to read as follows: — Section 116. Every railroad corporation Repairs of shall, except as provided in sections twenty-nine to forty-five, inclusive, bnd s es - etc - of Part I, at its own expense, construct, maintain and keep in repair all bridges, with their approaches and abutments, which it is authorized or required to construct over or under a canal or public way ; and a Alteration of city or town may recover of the railroad corporation whose railroad 25^513? ' aw erosses a public way therein all damages, charges and expenses incurred by such city or town by reason of the neglect or refusal of the corpo- ration to erect or keep in repair all structures required or necessary at such crossing; but if, after the laying out and building of a railroad, [Se^Part I, the county commissioners authorize a public way to be laid out across n~i2\ ' the railroad, all expenses of and incident to constructing and main- taining the way at such crossing shall be borne by the county, city, town or other owner of the same, unless otherwise determined by an award of a special commission, under proceedings in accordance with the provisions of sections twenty-three to twenty-eight, inclusive, of Part I. Section 2. This act shall take effect upon its passage. [Approved April 18, 1907. Section 117. County commissioners shall have original ju- County com- risdiction of questions relative to obstructions to highways or have jurisdic- town ways which are caused by the construction or operation structions! r -i i is 1<) 222 S 4 of railroads. 1874, 372, § 102. p. s. 112, § 135. r. l. 111, § 140. g.s.63, § 62." 4 Cush. 63. 2 Gray, 54. 14 Gray, 93. 141 Mass. 17. 155 Mass. 16. Section 118. The supreme judicial court shall have juris- — orderaof, diction in equity to compel a railroad corporation to raise or l849?222?!j5 lower a public way which the county commissioners have de q cided is necessary for the security of the public to be raised or H 74 372 lowered, and to compel it to comply with the orders of county | 8 g ( ] 3 111 S4 commissioners relative to obstructions of such ways by it ; and V'n,- 11 "' if, upon the petition of the board of aldermen of a city or ki.hi. selectmen of a town, it appears thai such corporation lias ex- 7Cush. 506. cavated or altered a public way withoul obtaining the decree and giving the security required by section one hundred and nine, or has neglected for fifteen days to give security as re- quired by section one hundred and fifteen, said court may en- join it from entering upon, altering, excavating or crossing the way until such decree lias been obtained or such security given. Section 119. An application for damages which have been Crossings sustained by the owner of a private way, by reason of a rail Vs!;.;, is 7. ',<.-, 70 CROSSINGS. R. S. 39. § 71. I . S 63, § 28. Severance of private land by crossing. 1S57, 213, §§ 1-4. G. S. 63, §§ 64-66. L874, 372, § 105. P. S. 112, § 138. L897, 264. K. L. Ill, § 143. 14 Allen, 444. 103 Mass. 1. Access to land cut off by railroad. 1892, 171. R. L. Ill, § 144. 162 Mass. 81. 165 Mass. 514. Appeal from county com- missioners. 1882, 135, U 1-3. R. L. Ill, § 145. 141 Mass. 208. — from proceedings thereon. 1882, 135, §§4,5. road crossing the same, shall be made within three years after the time when the way was so obstructed. 1S74, 362; 372, § 104. P. S. 112, § 137. R. L. Ill, § 142. 103 Mass. 1. Section 120. If a railroad which has been lawfully laid out through land without the consent of the owner thereof sepa- rates a portion of such land from another or from a public way, and the owner, having a right to cross the railroad, cannot agree with the corporation as to the place or manner in which he shall cross, or if a crossing is inconvenient, either party, in a case which does not involve the abolition of a crossing at grade, may apply to the county commissioners, who, after taking a recogni- zance from the applicant to the county, with sureties to their satisfaction, for the payment of costs and expenses according to their order, and after notice to the other party and a hearing, may make an order relative to such crossing and to the costs of the application ; but they shall not order the corporation to con- struct or maintain a crossing without its consent, unless it is liable by law or by agreement to construct a crossing for the owner of the land, or is the applicant. Section 121. If by the laying out of a railroad, or the widening thereof, a person is cut off from access to land owned by him, and has neither received compensation nor made an agreement with the corporation relative thereto, the board of railroad commissioners, after notice to the parties and a hear- ing, may make a decree ordering a crossing to be made and maintained at the expense of the railroad corporation, specify- ing definitely the character thereof and when it may be used. If the railroad corporation neglects for ninety days after the date of such order to comply therewith, it shall forfeit five dol- lars for every day thereafter during which such neglect con- tinues, which shall be recovered by the person aggrieved. The amount recovered shall be equally divided between the plaintiff and the county within which the crossing was ordered to be maintained. Section 122. A party who is aggrieved by a decision or order of the county commissioners in any matter or proceeding arising under the provisions of section twenty-three of Part I, or of section one hundred and twenty of Part II, or by their unreasonable refusal or neglect to announce a decision in any such matter or proceeding for sixty days after the first day fixed for a hearing thereon, may appeal to the board of rail- road commissioners by filing a notice of appeal with the county commissioners within ten days after the decision or order ap- pealed from, or in case of a refusal or neglect to announce a decision, within ten days after the expiration of sixty days from the first day fixed for a hearing thereon. The proceed- ings before the county commissioners in which the appeal is taken shall thereupon be stayed. Section 123. The appellant, to perfect the appeal, shall, within twenty days after filing the notice thereof, file with the clerk of the board of railroad commissioners a petition stating BRANCHES AND EXTENSIONS. 71 the reasons for the appeal, and shall, within ton days after r.l. in, tiling the petition, cause a certified copy thereof to be served upon the county commissioners. An appeal may be waived at any time before a hearing thereon by agreement of the parties in writing, filed with the county commissioners and said board. If the appellant fails to perfect the appeal, or if the appeal is waived, the matter may proceed before the county commission- ers as if no appeal had been taken. Section 124. The board of railroad commissioners shall 5fpJ^ o£ hear the appeal authorized by section one hundred and twenty- g™ e J 8 of two in the county in which it is taken, unless the parties in 1882.135, writing otherwise agree. Upon such appeal, said board shall r.l'. 111, have the same powers and perform the same duties as county commissioners in like matters and proceedings, and shall be governed by the provisions of law relative to hearings and de- terminations by, and decisions and orders of, the county com- missioners in such matters and proceedings. Section 125. Xo right of way across any railroad track or Right of location which is in use for railroad purposes shall be acquired acquired by by prescription. The provisions of this section shall not apply 1I92T275 011 ' to rights of way which existed on the fifth day of June in the f 14& 111 ' year eighteen hundred and ninety-two. lliMasa 107! 142 Mass. 21. 144 Mass. 336. 145 Mass. 433. 176 Mass. 359. BRANCHES AND EXTENSIONS. Section 12(1. A railroad corporation, after having finished ^ x r , a e "^';on S and the construction of its railroad and put it in operation, may : V S7 -, 1, : I;V ■' '■ build a branch or extension thereof in accordance with the pro- If 31.32. • • I* (• "I 1 • • 1 • "I 1 loiO, 111). visions of this chapter, if an amount of additional capital stock, 1878, 215, 5 1 applicable solely to the construction of such branch or exten- §§139,140. sion, has been subscribed, and a certificate of the board of rail- §§ 1/3. ' road commissioners that public necessity and convenience re- § iei. quire the construction of the branch or extension has been 12i Mass - 368 - obtained, and a certificate of the clerk of said board has been filed according to the provisions of section seventy-one, and it may build such branch or extension without additional capital stock, if its indebtedness is not thereby increased ; hut the pro- visions of this section shall not invalidate a lease or contrad between railroad corporations which is made pursuant to law. Upon the filing of such certificate, fifty dollars shall be paid to the secretary of the commonwealth. If the construction of such branch or extension is not begun, and ten per cent of the addi- tional capital stock is not expended thereon within two years after the date of the certificate required by section seventy-one and the branch or extension complete*] and put in operation within four years after said date, the power of the railroad cor- poration to construct the same shall cease. 72 OPENING THE RAILROAD FOR USE, ETC. Road not to be opened for public use until, etc. L874, 223; 372, § 120. P.S. 112. § 141. R. L. Ill, § 162. When road is opened for public use, map, etc., to be filed, etc. 1872, 53, § 14; 180, § 3. L874, 372, § 34. P. S. 112, § 142. R. L. Ill, § 163. OPENING THE RAILROAD FOR USE. Section 127. A railroad or branch or extension thereof shall not be opened for public use until the board of railroad com- missioners, after an examination, certifies that all laws relative to its construction have been complied with, and that it appears to be in a safe condition for operation. Section 128. AYhen a railroad or a branch or extension thereof is finished and opened for public use, the corporation by which it was constructed shall, within one year thereafter, file in the office of the secretary of the commonwealth a map and profile thereof, with tables of grade and curvature and a statement of the other characteristics of the railroad, certified by its president and engineer in such form as the board of rail- road commissioners may prescribe. Draw-tender. 1855, 434, §§ 1, 2. G. S. 63, § 73. 1863, 131, § 1. 1874, 372, § 10S. P.S. 112, § 148. R. L. Ill, § 170. Drawbridges to be kept closed, except. 1855, 434, §§ 2,3. G. S. 63, § 74. 1863, 131, § 2. 1874, 372, § 109. P.S. 112, § 149. R. L. Ill, § 171. Passage of vessels, how regulated. 1855, 434, §§ 3,4. G. S. 63, §§ 75, 76. 1874, 372, § 110. P.S. 112, § 150. R. L. Ill, § 172. 127 Mass. 7. 146 Mass. 621. Drawbridge signals. 1863, 131, § 3. 1874, 372, § 111. P.S. 112, §151 R. L. Ill, § 173. EQUIPMENT AND OPERATION. Drawbridges. Section 129. Every railroad corporation shall provide for each drawbridge upon the line of its railroad an experienced draw-tender, who shall have full control of the passing of ves- sels through the draw ; and the corporation shall make and enforce regulations for each drawbridge conformable to the fol- lowing seven sections. Section 130. Every such drawbridge shall be kept closed at all times, except while open for the actual passage of ves- sels. The draw-tender shall at all hours of the day and night be ready to open the draw ; shall decide, having regard to the convenient and secure passage of engines and trains and the state of the tide, when and in what order vessels may pass, al- lowing no unnecessary detention ; and shall give all the neces- sary advice and furnish proper facilities for such passing. Section 131. The master of a vessel who applies to pass such draw shall give to the draw-tender a true report of his vessel's draught of water, and of anything projecting below such vessel's draught, and shall be governed by him as to priority of right if two or more vessels apply at the same time to pass. In passing, he shall, unless otherwise directed by the draw-tender, go to the right according to the tide, if practicable, and shall so place his buoys, warping-lines, anchors, cables and other rig- ging and equipment as neither to interfere with other vessels nor obstruct or injure the bridge; and he shall be allowed a reasonable time for his vessel to pass. A railroad train shall be allowed fifteen minutes to cross a draw before and after it is due by its time table, and any approaching train shall be al- lowed a further reasonable time to pass. Section 132. Every drawbridge shall be furnished with conspicuous day and night signals, which shall be displayed at all times in such manner as clearly to indicate to the engineer of an approaching train whether the draw is open or closed. STATIONS. 73 Section 133. The railroad corporation may erect, at a dis- Drawbridge tance of five hundred feet from every drawbridge, or at such i863.'i3i, § 4. other distance as may on its application he prescribed by the sni 372, board of railroad commissioners, and on each side thereof, a fir/.- 11 "' substantial barrier, so constructed and connected with the draw 5174. 111, by suitable mechanism, that the draw, when in position for the passage of trains, cannot be opened or moved until the barriers have been closed across the track in such manner as to be a warning to any train which approaches in either direction. Section 134. If a drawbridge is not furnished with such l^hat'draw- barriers, and in all cases if by reason of darkness or otherwise ^"^1 a the barriers or signals connected with a drawbridge are not \^>'f }Ji\- § 5 - visible from the engine of an approaching passenger train, the i 1 ^- ' engineer of such train shall bring it to a full stop at a distance § 153. R 1 111 of not less than three hundred nor more than eight hundred feet § 175. from the drawbridge, and, before proceeding, shall positively ascertain that the draw is properly closed for the passage of trains; except that if the drawbridge is between two railroad crossings at grade, within six hundred feet of each other, one stop only shall be required for such crossings and drawbridge. Section 135. A railroad corporation which neglects to com- Penalty on ply with the provisions of sections one hundred and thirty-two for neglect, and one hundred and thirty-four shall forfeit one hundred dol- 1863, 131, § 6. lars for each day such neglect is continued; and an engineer or § S n4.'^""'' draw-tender who violates any provision of said sections or any f'ifi 112 ' regulation established in conformitv therewith for such draw- P-;™ 111, bridge by the corporation by which he is employed shall forfeit one hundred dollars for each offence, which shall be recovered in the county in which the offence is committed, to the use of the informer. Section 130. Whoever violates any provision of the seven — for obstruct- preceding sections, shall, unless otherwise therein provided, for- tender, etc. feit not less than three nor more than fifty dollars for each §§'5 > -7. offence. Whoever wilfully injures or defaces any such draw- $* vs-fo. bridge or wharf or pier appurtenant thereto, or any railroad sn^. 372, bridge, wharf or pier, shall forfeit not less than three nor more f\!c 112, than fifty dollars for each offence. Whoever without the con- R.L.111, sent of the draw-tender opens or wilfully obstructs the draw, or 127 Mass. 7. wilfully makes fast or moors any scow, raft or other vessel in such manner as to obstruct passage to or through said draw, or wilfully hinders a draw-tender in the performance of his duties, shall forfeit not less than fifty nor more than one hundred dol- lars for each offence. Sicilians. Section 137. A railroad corporation which has established ^j^"®"* and maintained a passenger station throughout (he year for five stations -i ™ o « Tax. 1 1 1 a t <• 1 1 . consecutive years at any point upon its railroad shall not aban- i|65. 175. don such station, unless it is relocated under the provisions of § ue. • •• i P s 1 1 ° the following section, nor substantially dimmish the accommo- §156. dation furnished by the stopping of trains thereat as compared J'ks" 1 ' with that furnished at other stations on the same railroad. The [g [{*«£ *{£ 74 SWITCHES, BRIDGE GUARDS, ETC. Relocation of stations and freight depi A , 1872, 162. L874, 372, § 117. P.S. 112. §157. R. L. Ill, § 179. Way stations to be indicated by signs. 1879, 106. P.S. 112, § 158. R. L. Ill, § 180. Compensation for joint occu- pation. 1893, 1 12. R. L. Ill, § 181. supreme judicial court, upon an information filed by the at- torney-general at the relation of ten legal voters of the city ©r town in which such station is located, shall have jurisdiction in equity to restrain the violation of the provisions of this section. Section 138. A railroad corporation may relocate passen- ger stations and freight depots, with the approval in writing of the board of railroad commissioners and of the board of alder- men of the city or the selectmen of the town in which such sta- tions or depots are situated. 137 Mass. 45. 158 Mass. 104. Section 139. Every railroad corporation shall indicate to its passengers the name of each way station by placing at or near the station a proper and conspicuous sign or signs, and shall forfeit fifty dollars for each violation of the provisions of this section. Section 140. If one railroad corporation occupies or uses, or has a right to occupy, enter upon and use, a station, railroad or grounds of another, or any portion thereof, the board of rail- road commissioners, upon petition of either party, and after notice to the other, and a hearing, shall determine the com- pensation to be paid for such occupancy and use. Its award shall be binding upon the parties thereto for five years, and thereafter until it is revised or altered by said board, and upon the request in writing of a party affected thereby, filed within thirty days after the rendering thereof, the award shall be filed in the supreme judicial court which shall have jurisdiction to revise the same as if the award had been made by a commission appointed by said court. Safety switches. 1871, 24. 1874, 372, § 118. P.S. 112, § 159. R. L. Ill, § 182. Blocked switches. 1886, 120. 1894, 41. R. L. Ill, § 183. Bridge guards. 1869, 308, §§ 2, 3. 1870, 276. 1874, 226; 372, § 119. L881, 68. P.S. 112, § 160. R. L. Ill, § 184. 175 Mass. 150. Switches, Bridge Guards, etc. Section 141. Every switch which is laid in a railroad track used by passenger or mixed trains shall be a safety switch of a type approved in writing by the board of railroad commission- ers. For each switch laid in violation of the provisions of this section, the railroad corporation shall forfeit two hundred dol- lars, and the further sum of five dollars for each day such switch is maintained. Section 142. The frogs, switches and guard rails, except guard rails on bridges, which are in or connected with the rail- road tracks operated or used by any railroad corporation shall be kept so blocked by some method approved by the board of railroad commissioners as to prevent employees from being caught therein. A railroad corporation which violates the pro- visions of this section shall be punished by a fine of not less than ten nor more than one hundred dollars for each offence. Section 143. Every railroad corporation, at every bridge or other structure, any portion of which crosses the railroad above the track, shall erect and maintain, in a manner prescribed by the board of railroad commissioners, suitable bridge guards, of a type approved by said board. A corporation which neglects to comply with the provisions of this section shall forfeit fifty dollars for each month's neglect. Whoever wilfully destroys or SIGNALS, ETC., AT CROSSINGS. 75 breaks any such bridge guard shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.* Signals, etc., at Crossings. Section 144. If two railroads cross each other at the same stopping of level, the engineer of every freight train and, if both railroads crossing!*" are used for passenger traffic, of every passenger train, upon llii) 39? '126, approaching such crossing, shall stop his engine within five him- g^s. 63, dred feet therefrom, and shall not resume his course until sig- fl;'; 1 ;!'; nailed so to do, when he shall pass slowly over the crossing; but P/oV 372, one stop shall be sufficient for all such crossings within six him- p.s. 112, dred feet of each other upon the same railroad. Every engineer R. l.'iii, who fails so to stop his engine shall forfeit one hundred dollars for each offence ; and the corporation on whose railroad the oifenee is committed shall forfeit the further amount of three hundred dollars. Section 145. The board of railroad commissioners shall Board may prcscn hp mips make general regulations for all such crossings or special regu- forcrossii lations for such particular crossings as it may designate, and §122.''' in such detail as it may consider expedient; and the supreme p.s. '112/ judicial court may issue any processes necessary to secure the r^l/iii", enforcement of such regulations, or, upon the petition of said § 186 - board, may enjoin the running of trains on a railroad upon which any regulation relative to such crossing is not exactly ob- served. The approval of said board shall be required for a system of signals to be established and maintained in concert by corporations 'operating railroads which cross each other; but no such regulation or system of signals shall exempt a railroad upon or across which passenger trains are run from the require- ments of the preceding section, unless a system of interlocking or automatic signals, approved in writing by said board, is adopted by both corporations. Section 146. The board of railroad commissioners may, interlocking on the application of a railroad corporation whose railroad iss;i l .s. r >. crosses another railroad at the same level, after notice to the § 137. parties and a hearing, authorize the applicant at its own ex- pense, to establish and maintain a system of interlocking or automatic signals at any crossing of said railroads, and to erect and maintain the necessary wires, rods, signal posts and signals, * Under section 143 of Part II., Chapter 463 of the Acts of 1906, the Board prescribes the following regulations: — 1. The standard forms of pendent or " whip cord " and of horizontal liar bridge-guards or "telltales " now in common use on the leading railroads of thin Slate, are approved by the Board. 2. On main tracks and on main-line side tracks, the guard should be placed not less than 100 nor more than 200 feet from the bridge or other overhead Structure, 3. In yards and on switching tracks the guards should be placed not less than . r >0 nor more than 100 feet from the bridge or other overhead structure. 4. The distance is to be measured in all cases from a point over th» ntre of the pro- tected track in the near side of the bridge or structure, In the direction of approach by trains; and a guard is to be maintained on one or on both sides of the bridge or structure according as trains are run on the track in one or in both directions. 5. Where two bridges or structures are not more than 200 feet apart in the clear, only one guard between them is required, the same to be placed mldwaj between the two, 6. The guard should be erected and maintained so that the same, or the lowest part thereof, will bang or swing about three inches lower than the lowest part of the bridge or structure which it is designed to protect. 7(3 SIGNALS, ETC., AT CROSSINGS. Bell to be rung or whistle sounded. 1835, 148, § 4. R. S. 39, § 78. 1859, 125, § 3. G. S. 63, § 83. 1862,81, § 1. L874, 372, § 123. P.S.112, § 163. 1890, 173. R. L. Ill, § 188. 2 Cush. 539. 10 Cush. 562. !_'.". Muss. 64. 140 Mass. 239. 153 Mass. 57, 82. 157 Mass. 340. 159 Mass. 32. 162 Mass. 135. 170 Mass. 430. 183 Mass. 393. Sounding of whistles regulated. L885, 334. 1891, 204. I; L. 111. § 189. 1907, 431, § 3. [See alter Flirt II, § 247.] in such manner as said board shall prescribe. Such corporation, after the system has been established and approved in writing by said board, shall be exempt as to such crossing from the requirements of section one hundred and forty-four so long as said board continues its approval. Upon payment to such corporation by the corporation owning or operating the other railroad at such crossing of so much of the cost of establishing such system of signals as, upon petition of the latter corpora- tion and a hearing, is awarded by said board, both railroad cor- porations shall, as to that crossing, be exempted from the requirements of said section. Until such payment the latter corporation shall semi-annually contribute toward the expense of operating said signals an amount equal to the cost to ii of operating the signals used by it at said crossing before the establishment of the signals herein provided for. After the payment of such award the expense of maintaining and oper- ating such system of signals shall lie borne by the two railroad corporations according to the proportions fixed by the award for paying the original cost of the signals. So much of the award as relates to the cost of maintaining and operating said signals may, at the request of either party, be revised at the expiration of five years from the original award or from any revision thereof. Section 147. Every railroad corporation shall cause a bell of at least thirty-five pounds in weight, and a steam whistle, to be placed on each locomotive engine passing upon its railroad; and such bell shall be rung or at least three separate and distinct blasts of such whistle sounded at the distance of at least eighty rods from the place where the railroad crosses upon the same level any highway, town way or travelled place over which a signboard is required to be maintained as provided in sections one hundred and forty-nine and one hundred and fifty ; and such bell shall be rung or such whistle sounded continuously or alternately until the engine has crossed such way or travelled place. The provisions of this section shall not affect the au- thority conferred upon the board of railroad commissioners by the provisions of the following Section. 186 Mass. 474. 187 Mass. 217. Section 148. The board of railroad commissioners, upon petition, and after notice to the railroad corporation and a public hearing, may, for good cause shown, recommend to such railroad corporation such changes as it considers proper in the manner of making up and shifting freight trains or freight cars, and to the sounding of whistles on locomotives, and it may by an order in writing forbid or regulate the sounding of whistles on the locomotives of such corporation at any specified grade crossings of the tracks of such corporation with any highway or public way. The corporation which is subject to the provisions of such order shall thereafter, until the order shall have been modified or annulled by said board, conform in all respects to the terms thereof. SIGNALS, ETC., AT CROSSINGS. 77 Section 149. Every railroad corporation shall cause boards, Signboards at supported by posts or otherwise at such height as to be easily w^bT seen by travellers, and not obstructing travel, containing on each r. |.' 39, § 79.' side in capital letters at least nine inches long the following in- J^jJ; y~^; \ j'- scription, — Railroad Crossing — Look out for the En- ^ 8 ^; || gine, — to be placed and constantly maintained across each Jfl;^-. 1 ,- highway or town way where it is crossed bv the railroad at the § 124. . " 1875 219 same level: or the corporation may substitute therefor warning; isrsies.' • • ' PS 11 9 boards on each side of the crossing, of such form, size and de- §i64. scription as the board of railroad commissioners shall approve, f'190. 111 ' 153 Mass. 57. 162 Mass. 135. Section 150. The board of aldermen of a city or the select- —at crossings • l • l n l i • ' 1 travelled men of a town m which a travelled place is crossed bv a railroad places, when. , ,-,.<.... ,-"-.,. <• i i 1859, 12o, § 2. at the same level, if of opinion that it is necessary for the better g. s. 63. § 85. security of the public that boards such as are described in the 5125. preceding section should be maintained at such travelled place, § \%r>. " may in writing request the railroad corporation to erect and § ioi. 111, maintain them. If it refuses or neglects so to do, they may uo r Ma'ss 8 23S. apply to the board of railroad commissioners. If said board, J5^ ^J ass ^t /•it • ii • n-1 i • • 1'0 Mass. 430. after public notice and a hearing, decides that such erection is necessary for the better security of the public, the corporation shall comply with such decision. Section 151. The board of railroad commissioners, after Gates, etc ... . . -11 i'i crossings. notice to a railroad corporation wdiose railroad crosses a high- 1S35. 148 at 4, 6. way, town way or travelled place at the same level, and a hear- r. s'. 39, § so. ing, may direct in writing that gates shall be erected at said §§ 1-3. crossing across said w T ay or place and that an agent be stationed Hsl 40l thereat to open and close such gates wdien an engine or train cflf'tw 5 ' passes, or that a flagman be stationed at the crossing, who shall ||gT n' ; °*~ 5 display a flag when an engine or train passes, or that such cross- isoo. 239, § 2. ing shall be provided with such an electric signal as said board £126. determines the better security of human life or the convenience 1883, 117. of the public travel requires, and the corporation shall comply 1: 1.: in, W T ith Such Order. 121 Mass. 127. 129 Mass. 364. 153 Mass. 167. § 19l> - Section 152. The supreme judicial court shall have juris- Enforcement diction in equity to enforce compliance with the provisions of sections, the three preceding sections, and a railroad corporation which r. s.'39. s 81." unreasonably neglects to comply with an order or decision made is64,i52Ts4. under the provisions of the two preceding sections shall forfeit ] s ,'' s ' : ' '' not more than one thousand dollars for every such neglect. 1875,219. P. S. 112, §§ 164, 168. R. L. Ill, § 193. Section 153. The board of railroad commissioners may re- signals • it , • i 'ii 1 • 1 at ovei head quire a railroad corporation whose railroad crosses a highway ,,. by a crossing above the level of the highway to give such signal r l! liii as said board may designate of the approach of trains to such § 19r crossing. Said board may in each case determine the nature of the signal to be given, and, in its discretion, may require an automatic signal. The supreme judicial court -hall have juris- diction in equity to compel railroad corporations to comply with orders made by said board under the provisions of this section. 78 SIGNALS, ETC., AT CROSSINGS. staSSngwood Section 154. If the view of a railroad crossing or highway ffif s - a1 grade is obstructed by standing wood in woodlands, the rail- MM 111 ' l '" ; "' corporation or ten citizens of a town may petition the county commissioners for the comity in which such crossing is situated for the removal of such standing wood; and the commissioners after notice and a hearing, shall make such orders as to such removal as the public safety demands. They shall also prescribe the limits within which such standing wood shall be taken, and shall determine the damage sustained. Such damage and the expense incident thereto shall be assessed and collected in the manner provided for the taking of land by rail- road corporations, and shall he paid by the railroad corporation. Either party who is aggrieved by the decision of the commis- sioners, may appeal therefrom in the manner provided in sec- tion eighty-seven. coronation Section 155. A railroad corporation, or receiver, or assignee for obstructing thereof, or its or his servant or agent, shall not wilfully or negli- highways, etc. ■* ., ° ' i i ■ ' V s ■•• 7S; Rs gently obstruct or unnecessarily or unreasonably use or occupy 1871,83.316." a highway, town way or street, or in any case obstruct, use or ;> 129. '' occupv it with cars or engines for more than five minutes at one § 169. ' time ; and if a highway, town way or street, has been thus used r. 9 l! iii,' or occupied with cars or engines, the railroad corporation, or ii2 9 Mass 412 receiver or assignee thereof, shall not again use or occupy it 135 Mass. 550. ^itli the ears or engines of a freight train, until a sufficient 156 Mass. 159. . i i i • i l l e 169 Mass. 403. time, not less than three minutes, has been allowed lor the pas- sage across the railroad of such travellers as w 7 ere ready and waiting to cross when the former occupation ceased. A rail- road corporation, receiver, or assignee thereof, who violates the provisions of this section, shall forfeit one hundred dollars. ways P by l °ars f Section 156. Upon an application to the board of railroad lslwio' commissioners, according to the provisions of section ten of fife 111. Part I, stating that a crossing of a railroad with a highway, town way or street at the same level is improperly used by a railroad corporation with its freight engines, freight cars or freight trains to the unreasonable inconvenience or danger of the public, said board, after notice, shall hear the parties; and, if public convenience or safety so requires, it may direct that after a date to be fixed by it snch railroad corporation shall not use such crossing or any part thereof for making up, connecting or disconnecting freight trains, or the engines or cars of such trains, or for the purpose of distributing freight or freight cars ; and to prevent the same may prescribe snch changes to be made in the construction of side tracks, branches and connections, in proximity to such crossings, and such regulations limiting the use of such crossings, as may be necessary. Said board may at any time modify its order after a hearing and for cause shown. The supreme judicial court shall have jurisdiction in equity on application of the attorney-general to enforce compliance with such order. EQUIPMENT OF ENGINES AND CARS. 79 Equipment of Engines and Cars. Section 157. A railroad corporation which is subject ®otiv^ C pOTrer to the provisions of this act may operate its railroad by rice- i892.no. tricity. I i«- Section 158. Everv railroad corporation shall cause a suffi- Brakes and " L . , j, brakemen. cient brake to be attached to every car used upon its railroad tor J||7.22i the transportation of passengers, and to every car used for the g.s.'63, transportation of freight, except four-wheel cars used only for 1869,426 freight; and shall cause at least one brakeman for every two §i 7 30. 3 ' cars in a passenger train to be stationed thereon, and one brake- f ifo* 12, man for the last car of every freight train to be stationed g^cib. 111, thereon. A corporation which violates the provisions of this sec- tion shall forfeit not more than one hundred, dollars. Section 159. A railroad corporation, in moving traffic be- Safety ap- i ' c3 _ piiances ti ir tween points in this commonwealth, shall not use any locomotive freight tauns. which is not equipped with a power driving wheel brake and r. l1 nil appliances for operating the train brake system ; nor run any train in such traffic unless a sufficient number of cars in it are so equipped with power or train brakes that its speed can be controlled by the engineer of the locomotive which is drawing such train, without the use of the common hand brakes by the brakemen. When such corporation has equipped a sufficient number of its cars with such power or train brakes, it may law- fully refuse to receive from connecting lines of railroad any cars used in such traffic which are not sufficiently equipped with such power or train brakes as will work and readily interchange with the brakes in use on its own cars. Section 160. A railroad corporation which operates a rail- couplers on road or any portion thereof within this commonwealth shall i^' 1 ^™' cause to be placed upon both ends of every freight car owned f-^fe 111, by it and which it may lawfully use such automatic or other safety coupler as the board of railroad commissioners, after an examination and test, may prescribe, and said board may annul any such requirement made by it. The supreme judicial court, upon the application of the attorney-general, may enforce the provisions of this section. Section 161. A railroad corporation, in moving traffic be- Automatic . in l i couplers tor tween points in this commonwealth, shall not haul or use, or freighters. • .11-11 1 •, T 1 • 1 • L ISO.). ••>')-. * - permit to be hauled or used, on its lines any car which is not ki. in. equipped with couplers coupling automatically by impact, and 182 Ma uncoupling otherwise than by going between the cars. Section 162. A railroad corporation, in moving traffic be- Grab irons, tween points in this commonwealth, until otherwise ordered by r.l!iii! the board of railroad commissioners, shall not use any car, except flat cars equipped with automatic couplers, which is not provided with secure grab irons or hand holds on the ends and sides for greater security to men in coupling and uncoupling cars. Section 163. The standard height of drawbars for freighl gg^ cars, measured perpendicularly from the level of the top of the jjgjJfSJj™ 80 EQUIPMENT OF ENGINES AND CARS. 1895, 362, § 4. R. L. Ill, J 205. Penalty. 1895, 362, § 5. R. L. Ill, § 206. Limitation of preceding sections. 1895, 362, § 5. R. L. Ill, § 207. Extension of time for equipment. 1895, 362, § 6. R. L. Ill, § 208. Assumption of risk by employee restricted. 1895, 362, § 7. R. L. Ill, § 209. 188 Mass. 390. rails to the centres of the drawbars, shall be thirty-four and one half inches for standard gauge railroads and twenty-six inches for narrow gauge railroads, with a maximum variation from such standard height, in either case, of three inches between the drawbars of empty and loaded cars; and no freight car with drawbars which do not comply with the above standard, whether loaded or unloaded, shall be used in moving traffic between points in this commonwealth. Section 164. A railroad corporation which violates any of the provisions of sections one hundred and fifty-nine, one hun- dred and sixty-one, one hundred and sixty-two and one hundred and sixty-three, shall, for each offence, forfeit one hundred dol- lars, which shall be recovered in an action of tort to the use of the commonwealth by the attorney-general or the district attor- ney for the district in which such offence was committed. Section 165. The provisions of sections one hundred and fifty-nine and one hundred and sixty-one to one hundred and sixty-four, inclusive, shall not apply to trains composed of four- wiieel cars, or to locomotives used in hauling such trains. Section 166. The board of railroad commissioners may from time to time, after hearing and for good cause, exempt, until a date fixed by it, any railroad corporation from the re- quirements of sections one hundred and fifty-nine, one hundred and sixty-one, one hundred and sixty-two and one hundred and sixty-three. Section 167. An employee of a railroad corporation who is injured by any locomotive, car or train which is used contrary to the provisions of sections one hundred and fifty-nine, one hundred and sixty-one, one hundred and sixty-two and one hun- dred and sixty-three, shall not be deemed to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. Liability of employer to employee. 1887, 270, § 1. Defects. 147 Mass. 573. 150 Mass. 190. 154 Mass. 29. 1.-,:. Ma-, l'1. 156 Mass. 131, 298. 158 Mass. 318. IT,!. Mass. 1. 160 Mass. 131, 248, 260. Negligence of superintend- ent. 155 Mass. 584. 156 Mass. 131, 293, 342, 368. FROM THE "EMPLOYER'S LIABILITY" LAW. Revised Laws, Chapter 106, §§ 71-70. Section 71. If personal injury is caused to an employee, who, at the time of the injury, is in the exercise of clue care, by reason of : 1892, 260, § l. 1893, 359. 1894, 499. 1897, 491. 150 Mass. 190. 151 Mass. 92. 154 Mass. 31. 158 Mass. 135. 160 Mass. 201. 161 Mass. 368. 164 Mass. 16S 166 Mass. 268. First. A defect in the condition of the ways, works or machinery con- nected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negligence of the employer or of a person in his service who had been entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or, 162 Mass. 198, 312. 163 Mass. 221, 365. 164 Mass. 523. 165 Mass. 202, 443. 167 Mass. 588, 590. 168 Mass. 41, 226, 268. 169 Mass. 541, 574. 171 Mass. 417. 174 Mass. 320. 175 Mass. 183. 180 Mass. 454, 490. 182 Mass. 84, 237. 184 Mass. S9. 185 Mass. 139. 187 Mass. 21. Second, The negligence of a person in the service of the employer who was entrusted with and was exercising superintendence and whose sole or principal duty was that of superintendence, or, in the absence of 806 [See page 80, § 167.] 1908. Chapter 553. An Act to limit the Assumption of Risk by an Employee of a Railroad Corpora- tion. Section 1. Section one hundred and sixty-seven of Part II of chap- 1906, 463, ter four hundred and sixty-three of the acts of the year nineteen hun- amended, dred and six is hereby amended by adding at the end thereof the words: — An employee of a railroad corporation who is injured by any locomotive, car or train by reason of the negligence of any other employee of the corporation shall not be deemed to have assumed the risk of such injury, — so as to read as follows : — Section 167. An Employee employee of a railroad corporation who is injured by any locomotive, n ^gii|e n ce of car or train which is used contrary to the provisions of sections one another, etc. hundred and fifty-nine, one hundred and sixty-one, one hundred and sixty-two and one hundred and sixty-three, shall not be deemed to have assumed the risk of such injury, although he continues in the employ- ment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. An employee of a rail- road corporation who is injured by any locomotive, car or train by reason of the negligence of any other employee of the corporation shall not be deemed to have assumed the risk of such injury. Section 2. This act shall take effect upon its passage. [Approved May 28, 1908. 80c R. L. 106, amended. Employees on elevated railways, etc. [See page 80, § 71.] 190S. Chapter 420. An Act relative to the Liability of Railway Companies for Injuries to Employees. Section 1. Section seventy-one of chapter one hundred and six of the Revised Laws is hereby amended by inserting after the word " en- gine ", in the fifteenth line, the words : — elevated train, — by inserting after the word "railroad" in the sixteenth line, the words: — or ele- vated railway, — by inserting after the word " corporation ", in the twenty-third line, the words: — or an elevated car which is in use by or which is in possession of an elevated railway corporation, — by in- serting after the word " engine ", in the thirty-first line, the words : — elevated train, — and by inserting after the word " engine ", in the thirty-second line, the words: — elevated train, — so as to read as fol- lows: — Section 71. If personal injury is caused to an employee, who, at the time of the injury, is in the exercise of due care, by reason of: First, A defect in the condition of the ways, works or machinery con- nected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negli- gence of the employer or of a person in his service who had been en- trusted by him with the duty of seeing that the ways, works or machinery were in proper condition ; or, Second, The negligence of a person in the service of the employer who was entrusted with and was exercising superintendence and whose sole or principal duty was that of superintendence, or, in the absence of such superintendent, of a person acting as superintendent with the authority or consent of such employer; or, Third, The negligence of a person in the service of the employer who was in charge or control of a signal, switch, locomotive engine, elevated train or ti'ain upon a railroad or elevated railway; the employee, or his legal representatives, shall, subject to the provisions of the eight following sections, have the same rights to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer. A car which is in use by, or which is in possession of, a railroad cor- poration, or an elevated car which is in use by or which is in possession of an elevated railway corporation, shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause one of this section, whether it is owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause three of this section, and whoever, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine, elevated train or train shall be deemed to be a per- son in charge or control of a signal, switch, locomotive engine, elevated train or train within the meaning of said clause. Section 2. This act shall take effect upon its passage. [Approved April 21, 1908. SOd [See page 80, § 71.] 1909. Chapter 363. An Act relative to the Rights of Action of Employees Against Employers. Section 1. If a defect in the ways, works or machinery of a person, Rights of partnership or corporation has been reported to the person whose duty g^ lc j" ° f e it is to remedy said defect, or cause it to be remedied, or to repori its against existence, and such defect is not remedied within a reasonable time, and by reason of said defect an employee is injured, such emploj^ees shall not be held to have assumed the risk of such injury. Section 2. This act shall take effect on the first day of January in the year nineteen hundred and ten. [Approved May 7 , 1909. 81a [See page 81, § 73.] 1908. Chapter 457. An Act relative to the Bringing of Actions under the Employers' Liability Law. R.L 106, §73, Section 1. Section seventy-three of chapter one hundred and six of the Kevised Laws is hereby amended by adding at the end thereof the words : — If an action is brought under the provisions of this sec- tion by the widow of the employee, or by the next of kin, who may have such right of action, or if the action is brought under the provi- sions of section seventy-one by the legal representatives, such action shall not fail by reason of the fact that it should have been brought under the other section, but may be amended so as to provide against such failure at any time prior to final judgment, — so as to read as Amendments follows: — Section 73. If, as the result of the negligence of an em- to action to . . provide against plover himselt, or or a person tor whose negligence an employer is liable under the provisions of section seventy-one, an employee is instantly killed, or dies without conscious suffering, his widow or, if he leaves no widow, his next of kin, who, at the time of his death, were dependent upon his wages for support, shall have a right of action for damages against the employer. If an action is brought under the pro- visions of this section by the widow of the employee, or by the next of kin, who may have such right of action, or if the action is brought under the provisions of section seventy-one by the legal representatives, such action shall not fail by reason of the fact that it should have been brought under the other section, but may be amended so as to provide against such failure at any time prior to final judgment. Section 2. This act shall take effect upon its passage. [Approved April 28, 190S. EQUIPMENT OF ENGINES AND CARS. 81 such superintendent, of a person acting- as superintendent with the 158 Mass. 174, authority or consent of such employer; or, 159 Mass. 532. 160 Mass. 131, 457, 573. 164 Mass. 387. 170 Mass. 298. 174 Mass. 455. 161 Mass. 170. 165 Mass. 202, 436, 443. 171 Mass. 162, 395. 177 Mass. 176. 162 Mass. 185. 167 Mass. 588. 172 Mass. 555. 189 Mass. 62. 163 Mass. 216, 365. 169 Mass. 485. 173 Mass. 400. Third, The negligence of a person in the service of the employer Negligent con- who was in charge or control of a signal, switch, locomotive engine or *™ ° s " train upon a railroad; the employee, or his legal representatives, shall, i«?i Mass. 245. subject to the provisions of the eight following sections, have the same 356. rights to compensation and of action against the employer as if he 2 62.' had not been an employee, nor in the service, nor engaged in the work, J|9 Mass!' ^96 of the employer. 523. . i • i ■ u l • l ■ ■ t -l A 166 Mass. 268. A car which is m use by, or which is m possession of, a railroad 169 Mass. 170. corporation shall be considered as a part of the ways, works or ma- *7^ u^l'. 393; chinery of the corporation which uses or has it in possession, within the meaning of clause one of this section, whether it is owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause three of this section, and whoever, as a part of his duty for the time being, physically con- trols or directs the movements of a signal, switch, locomotive engine or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine or train within the meaning of said clause. Section 72. If the injury described in the preceding section results Action if in- in the death of the employee, and such death is not instantaneous or is bTdeathnot preceded by conscious suffering, and if there is any person who would ins j an tu ne °ih have been entitled to bring an action under the provisions of the follow- conscious ing section, the legal representatives of said employee may, in the "Isg^'Sfo, § 1. action brought under the provisions of the preceding section, recover }|S?' |jjjj- damages for the death in addition to those for the injury. 151 Mass. 245. 160 Mass. 39. 185 Mass. 139. Section 73. If, as the result of the negligence of an employer him- —if followed self, or of a person for whose negligence an employer is liable under uV death or*" the provisions of section seventy-one, an employee is instantly killed, death without ... . />/■ •/> " conscious or dies without conscious suffering, his widow, or, if he leaves no widow, suffering. his next of kin, who, at the time of his death, were dependent upon 151 Mass.' 245! his wages for support, shall have a right of action for damages against [•_;;: ^J;|" ^. the employer. 167 Mass. 590. 175 Mass. 502. 164 Mass. 555. 176 Mass. 266, 393. 180 Mass. 265, 490. 188 Mass. 188. Section 74. If, under the provisions of either of the two preceding Dam sections, damages are awarded for the death, they shall be assessed 189 2; ->6o'. with reference to the degree of culpability of the employer or of the J *;[•>• :{ ;'j;[ person for whose negligence the employer is liable. L900J 446. 178 Mass. 59. 182 Mass. 84, 237. 184 Mass. 89. The amount of damages which may be awarded in an action under the provisions of section seventy-one for a personal injury to an em- ployee, in which no damages for his death are awarded under the provisions of section seventy-two, shall not exceed four thousand dollars. The amount of damages which may be awarded in such action, if damages for his death are awarded under the provisions Of section seventy-two, shall not exceed live thousand dollars for both the injury and the death, and shall lie apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled, under the provisions of section seventy-three, to bring an action for his death if it had been instantaneous or without conscious suf- etmg. 82 EQUIPMENT OF ENGINES AND CARS. Notice. 1SS7, L'70, § 3. 1SSS, 155, § 1. L892, 260, j 2. L894, 389. 1900. 446. I. Mi Mass. 190. 151 Mass. 245. 153 Mass. 29. 356, 380, 468. L55 Mass. 1. 156 Mass. 262. 157 Mass. 51. 160 Mass. 143, 201. 250. 162 Mass. 334. 163 Mass. 105. 166 Mass. 268. 170 Mass. 348. 17-' Mass. 415. 173 Mas- 177. 175 Mass. 391. Liability of employer to employee of a contractor or sub-contractor, 1887, 270, § 4. 158 Mass. 233. Employer not liable, when. 1887, 270, § 5. 156 Mass. 368. Evidence in reduction of damages. 1887, 270, § 6. Domestic servants, etc. L887, -'70. § 7. The amount of damages which may be awarded in an action brought under the provisions of section seventy-three shall not be less than five hundred nor more than five thousand dollars. Section 75. No action for the recovery of damages for injury or death under the provisions of sections seventy-one to seventy-four, in- clusive, shall be maintained unless notice of the time, place and cause of the injury is given to the employer within sixty days, and the action is commenced within one year, after the accident which causes the injury or death. Such notice shall be in writing, signed by the person injured or by a person in his behalf; but if from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in this section, he may give it within ten days after such incapacity has been removed, and if he dies without having given the notice and without having been for ten days at any time after his injury of sufficient capacity to give it, his executor or administrator may give such notice within sixty days after his appoint- ment. A notice given under the provisions of this section shall not be held invalid or insufficient solely by reason of an inaccuracy in stating the time, place or cause of the injury, if it is shown that there was no intention to mislead, and that the employer was not in fact misled thereby. The provisions of section twenty-two of chapter fifty-one shall apply to notices under the provisions of this section. Section 76. If an employer enters into a contract, written or verbal, with an independent contractor to do part of such employer's work, or if such contractor enters into a contract with a sub-contractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or sub-contract shall not bar the liability of the employer for injuries to the employees of such con- tractor or sub-contractor, caused by any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or are furnished by him and if such defect arose, or had not been discovered or remedied, through the negligence of the em- ployer or of some person entrusted by him with the duty of seeing that they were in proper condition. Section 77. An employee or his legal representative shall not be entitled under the provisions of sections seventy-one to seventy-four, inclusive, to any right of action for damages against his employer if such employee knew of the defect or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer, or to some person superior to himself in the service of the employer who was entrusted with general superintendence. Section 78. An employer who shall have contributed to an insurance fund created and maintained for the mutual purpose of indemnifying an employee for personal injuries for which compensation may be recovered under the provisions of sections seventy-one to seventy-four, inclusive, or to any relief society formed under the provisions of sections seventeen, eighteen and nineteen of chapter one hundred and twenty-five, may prove in mitigation of the damages recoverable by an employee under the provisions of said sections, such proportion of the pecuniary benefit which has been received by such employee from any such fund or society on account of such contribution of said employer, as the contribution of such employer to such fund or society bears to the whole contribution thereto. Section 79. The provisions of the eight preceding sections shall not apply to injuries caused to domestic servants or farm laborers by fellow employees. 83a 1906, 463, part II, amended. Testing of locomotive boilers. [See pages 83, § 173, and 116, § 251.] 1909. Chapter 348. An Act relative to the Testing of Boilers of Locomotives. Chapter four hundred and sixty-three of the acts of the year nine- teen hundred and six is hereby amended by striking out section one hundred and seventy-three of Part II and inserting in place thereof the following : — Section 173. The board of railroad commissioners may make and revise regulations for testing boilers of locomotives used by railroad corporations, by other corporations, and by persons, firms or associations upon any railroad or railway within the commonwealth, and every person, firm, association and corporation other than a rail- road corporation so using a locomotive shall inform said board in writing on or before June thirtieth of each year of the number of locomotives so used by him or it, together with the length of track of such railroad or railway, its location and uses, and such other infor- See section 251. mation as the board may require. The provisions of this section shall apply to railroads for private use authorized by section two hundred and fifty-one of Part II of this act. Tests under regulations made as aforesaid shall, if possible, be made by the master mechanic of the corporation, association, person or firm which constructs, repairs or uses the boiler of the locomotive, and the report of such tests shall be in form satisfactory to the board. A corporation, association, firm or person using a locomotive in this commonwealth the boiler of which has not been tested in accordance with the provisions of this section shall be punished by a fine of twenty dollars for every day after notice by the board during which such use continues. [Approved May 3, 1909. EQUIPMENT OF ENGINES AM) CARS. 83 Section 1G8. Every railroad corporation shall equip each Tools to be ,.. . ,. . ...-.., i earned with oi its trams, for use m case ot accident, with two car replacers, ^ a _ ins „,. two jack screws, two crowbars, one pinch bar, one claw bar, I87i;7. one spike hammer, two sharp axes, and ropes or chains suitable j 131. for hauling cars; and shall also equip each car of every passen- j'm, ger train which is owned or regularly used by it, including mail rVlIiiI, 1 ". and baggage cars, with two sets of, tools, consisting of an axe, 5 ~ 10 - a sledge hammer, a crowbar, handsaw and pail, which shall be maintained in good condition, and one set of which shall be kept upon the inside and the other upon the outside of every such car, in a convenient place and in a manner approved by the board of railroad commissioners ; but one set shall be suffi- cient if so placed as to be accessible both from the inside and outside of such car. A corporation which violates the provi- sions of this section shall forfeit five hundred dollars. Section 169. Every passenger, baggage, mail and express Safeguards car, w T hich is owned or regularly used on any railroad in this lfs^l/.'I'ii. commonwealth, shall be provided with such safeguards against |2ii. ni ' fire as the board of railroad commissioners in writing shall * ee 1906, 283 - order. A corporation which violates the provisions of this sec- tion shall forfeit three hundred dollars for each offence. Section 170. A passenger, mail or baggage car in this com- Heating of monwealth shall not be heated by a stove or furnace which is lisr! 362 '"' kept inside the car or suspended therefrom unless it is tern- r. l! hi," porarily necessary by reason of an accident or other emergency, § 212- and no method of heating such cars nor heater shall be used until it shall have been approved in writing by the board of railroad commissioners ; but said board may from time to time grant such exemptions from the requirements of this section as may seem to it necessary or reasonable, and may grant permis- sion to any railroad corporation to make such experiments in heating its passenger cars as said board determines is proper. A corporation which violates the provisions of this section shall forfeit not more than five hundred dollars. Section 171. A passenger car on a railroad shall not be Passenger cars ' not to 1)0 lighted by naphtha, nor by an illuminating oil or iluid made in lighted bj part of naphtha or which will ignite at a temperature of less 1868,286. than three hundred degrees Fahrenheit. A corporation which l'sfT! :1t_'; violates the provisions of this section shall forfeit not more than p.J. 112, five hundred dollars. R. L. in, § 213. § 172 - Section 172. Every passenger, baggage mail and express Platform car, which is owned or regularly used on any railroad in this 1900/223. commonwealth shall be provided at each end thereof with plat- §214. form gates of a pattern approved by the board of railroad com missioners. A railroad corporation which hauls or uses or permits to be hauled or used on its railroad any car in \ iolation of the provisions of this section shall, for each offence, forfeit one hundred dollars to the use of the commonwealth, and the attorney-general or the district attorney for the district in which such violation occurred shall bring an action therefor. Section 173. The board of railroad commissioners may Testingof , ,. ,. ,, 'ii -i f 1 ' ""•••motive make and revise regulations lor testing the boilers oi locomo- boilers. 84: EQUIPMENT (>F ENGINES AND CARS. 1882, 73. R. L. Ill, § 218. Mufflers with vacuum brakes. 1879, 284, §§ 1,3. P. S. 112, §§ 173. 174. R. L. Ill, § 215. — with safety valves. 1879, 284, § 2. P. S. 112, § 175. R. L. Ill, § 216. Penalties. 1879, 284, § 4. P. S. 112, § 176. R. L. Ill, § 217. Reasonable ac- commodations. 1849, 191, § 2. G. S. 63, § 110. 1874. 372, § 133. Uniform caps and badges for employees. 1S7 1. 292; 372, § 134. 1876, 33. P. S. 112, § 178. R. L. Ill, § 220. tives, and shall communicate such revision to every person or corporation which operates ;i rail mad in this commonwealth. The tests under such regulations shall, it' possible, be made by the master mechanic of the corporation, firm or person which constructs, repairs or uses such boilers. A person or corpora- tion using a locomotive on a railroad in this commonwealth, the boiler of which has not been tested in accordance with the pro- vi>i<>ii< of this section, shall be punished by a fine of twenty dollars for every day during which such use continues, to the use of the commonwealth. Section 171. A railroad corporation which uses any vacuum brake shall provide and use on every locomotive equipped there- with a muffler or other appliance, approved in writing by the board of railroad commissioners, for deadening the noise inci- dent to the operation of such brake; but any other appliance may be used upon any locomotive for the purpose of experiment only, for not more than thirty days, but not upon more than two locomotives of the same corporation at any one time. Every application to said board for approval of such appliances shall be in writing; and such approval may be revoked by said board by written notice to the corporation. Section 175. A railroad corporation which uses upon its locomotives a pop or other safety valve shall provide and use therewith a suitable and sufficient appliance for deadening the sound made by steam escaping therefrom, and, if it materially retards the escape of steam or increases the pressure upon the boiler, the corporation shall use an additional safety valve with- out such appliance, set at a higher point than the other but below the point at which explosion is likely to occur. Section 170. A corporation which violates any provision of the two preceding sections shall forfeit not less than one hundred nor more than three hundred dollars for every locomo- tive used by it in violation thereof, and a further sum of five dollars for each day upon which such locomotive shall be run in violation thereof. Section 177. Every railroad corporation shall furnish rea- sonable accommodations for the convenience and safety of pas- sengers ; and for every wilful neglect to provide the same shall forfeit not less than five nor more than twenty dollars. P. S. 112, § 177. R. L. Ill, § 219. Section 178. Every railroad corporation shall provide a uniform hat or cap and distinguishing badge, which shall be worn by all its employees whose duties relate immediately to the transportation of passengers or their baggage. A corpora- tion which neglects to provide such uniform hat or cap and badge shall forfeit one hundred dollars for each week of such neglect; and if such an employee neglects to wear the same when on duty, the corporation which employs him shall for each case of such neglect forfeit twenty-five dollars ; and no employee, unless wearing his uniform hat or cap and badge, shall be permitted to exercise any authority or to perform any of the duties of his office. EMPLOYEES. 85 Section 179. A railroad corporation shall not employ any Coior-biind- i i • • • , i • • , • i-i * • ' ness, examina- person or keep him in in employ in a position which requires tionfor. the employee to distinguish form or color signals, unless he has p.s.'A^ been examined for color-blindness or other defective sight by a iss'i' r_\-> competent person employed by the corporation and has received ^:, 1 > ' 1 111 ' a certificate that he is not disqualified for such position by color-blindness or other defective sight. A railroad corporation which violates the provisions of this section shall forfeit one hundred dollars. Acts of 1907, Chapter 577. An Act to provide for One Day's Rest in Seven. Section 1. Except in eases of emergency or except at the request Work on of the employee, it shall not be lawful for any person, partnership, unlawful* 5 association or corporation to require an employee engaged in any unless - commercial occupation, or in the work of any industrial process, or in the work of transportation or communication, to do on the Lord's day the usual work of his occupation, unless such employee is allowed during the six days next ensuing twenty-four consecutive horn's without labor. Section 2. This act shall not he construed as authorizing any wor on the Lord's day not now authorized by law ; nor as applying to farm eruption or personal service, to druggists, to watchmen, to superintendents or managers, to janitors, or to persons engaged in the transportation, sale or delivery of milk, food or newspapers. Section 3. Whoever violates the provisions of this act shall be pun- ished by a fine of not more than fifty dollars for each offence. Section 4. This act shall take effect on the first day of October in the year nineteen hundred and seven. [Approved June 28, 1907. Construction of act. Ex- Penalty. Revised Laws, Chapter 10(>, § 15. Section 15. A corporation which is engaged in carrying passengers Railroads, etc. or in transporting freight for hire shall not require or receive from a certain bonds! person who is employed or about to be employed by it a bond or other 1900, 282 - security, either with or without surety, to indemnify such corporation against loss or damage to other persons or to property resulting from the act or neglect of such person, except a bond to account for money or other property of such corporation. A corporation or a person in its behalf who violates the provisions of this section shall be punished by a fine of not more than fifty dollars for the first offence and of not more than one hundred dollars for each subsequent offence. Acts of 1903, Chapter 320. An Act relative to Public Service Corporations and their Employees. Section 1. No railroad, street railway, electric liyht, gas, telegraph, Employment. •> ' o 7 o off etc, ol person telephone, water or steamboat company shall appoint, promote, rein- by public state, suspend or discharge any person employed or seeking appoint- porationsre- ment by any such company at the request of the governor, lieutenant stncted - governor, or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, justice of a police, district or municipal court, district attorney, member or member elect of a board of county commissioners, or candidate for county commis- sioner, member or member elect of a hoard of aldermen, selectmen, or city council, or any executive, administrative or judicial officer, clerk or 86 WEEKLY PAYMENT OF WAGES. Certain offices not to be con- sidered public offices. Penalty. Weekly pay- ment of wages, 1879, 128. P. S. 28, § 12. 1S86, 87, §§ 1,2. 1SS7, 399, § 1. 1891, 239, § 1. 1894, 508, §§ 51, 65. 1895, 438. 1896, 241, 334 1898, 481. 1899, 247. 1900, 470. 163 Mass. 589. 170 Mass. 140. 172 Mass. 230. Chief of dis- trict police to prosecute violations of preceding section. 1886, 87, §§ 2-4. employee of any branch of the government of the commonwealth or of any county, city or town ; nor shall any such public officer or body, or any member or member elect therefor or candidate therefor, directly or indirectly advocate, oppose, or otherwise interfere in, or make any request, recommendation, endorsement, requirement or certificate rela- tive to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, reinstatement or retention of any person employed or seeking employment by any such corporation, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service corporation. Section 2. The offices of probation officer, notary public and justice of the peace shall not be considered public offices within the meaning of this act. Section 3. Any person or corporation violating the provisions of this act shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offence. [Approved May 5, 1903. Revised Laws, Chapter 106, §§ 62, 63. Section 62. Every manufacturing, mining or quarrying, mercantile, railroad, street railway, telegraph or telephone corporation, every in- corporated express company or water company, and every contractor, person or partnership engaged in any manufacturing business, in any of the building trades, in quarries or mines, upon public works or in the construction or repair of railroads, street railways, roads, bridges or sewers or of gas, water or electric light works, pipes or lines, shall pay weekly each employee engaged in his or its business the wages earned by him to within six days of the date of said payment; and the commonwealth, its officers, boards and commissions shall so pay every mechanic, workman and laborer who is employed by it or them, and every city shall so pay every employee who is engaged in its busi- ness, unless such mechanic, workman, laborer or employee requests in writing to be paid in a different manner; and every town and county shall so pay each employee in its business if so required by him; but an employee who is absent from his regular place of labor at a time fixed for payment shall be paid thereafter on demand. The provisions of this section shall not apply to an employee of a co-operative corpo- ration or association if he is a stockholder therein unless he requests such corporation to pay him weekly. The board of railroad commis- sioners, after a hearing, may exempt any railroad corporation from paying weekly any of its employees if it appears to the board that such employees prefer less frequent payments, and that their interests and the interests of the public will not suffer thereby. No corporation, contractor, person or partnership shall by a special contract with an employee or by any other means exempt himself or itself from the pro- visions of this and the following section. "Whoever violates the provi- sions of this section shall be punished by a fine of not less than ten nor more than fifty dollars. Section 63. The chief of the district police or an inspector of factories and public buildings may make a complaint against any person for a violation of the provisions of the preceding section. Com- plaints for such violations shall be made within thirty days after the date thereof and on the trial no defence for failure to pay as required, EMPLOYEES. 87 other than the attachment of such wages by the trustee process or a J||{' |||' $ 2 - valid assignment thereof or a valid set-off against the same or the J^ 1 . 1 ^" s absence of the employee from his regular place of labor at the time 1895,438. of payment or an actual tender to such employee at the time of payment [flf; Hi of the wages so earned by him, shall be valid. The defendant shall not l899 - - 17 - set up as a defence a payment of wages after the bringing of the complaint. An assignment of future wages which are payable weekly under the provisions of this chapter shall not be valid if made to the person from which such wages are to become due or to any person on his behalf or if made or procured to be made to another person for the purpose of relieving the employer from the obligation to pay weekly. The word " person " in this section shall include the corporations, con- tractors, persons and partnerships described in the preceding section. Revised Laws, Chapter 176, § 1. Section 1. A person qualified to vote for representatives to the Qualifications eeneral court shall be liable to serve as a luror, except that the following 1 tions. persons shall be exempt : c! l! us, §4. The governor; lieutenant-governor; members of the council; secre- j-gj i 5 t. 9 9 tary of the commonwealth; members and officers of the senate and I78s!42, |4. house of representatives during the session of the general court; judges 1807! 140, § i. and justices of a court, except justices of the peace; county and asso- jfjf' jffj « 2 ciate commissioners; clerks of courts and assistant clerks and all RS.' is, §i~; regularly appointed officers of the courts of the United States and of 1838, 21. this commonwealth; registers of probate and insolvency; registers of ill?; lot'. * 8 " deeds; sheriffs and their deputies; constables; marshals of the United ( ls "^ j'?, 5 - States and their deputies, and all other officers of the United States; 55 i, 2. attorneys at law; settled ministers of the gospel; officers of colleges; isrt; 320,' § 17. preceptors and teachers of incorporated academies; registered praetis- f§io 70, ing physicians and surgeons; cashiers of incorporated banks; constant i *<.>»>". 4'_>7._ ferrymen; persons who are more than sixty-five years old; members 20 Pick, l. 7 ' of the volunteer militia; members of the ancient and honorable artil- Jri M , ass - 6 ?„ 143 Mass. 130. lery company; superintendents, officers and assistants employed in or 163 Mas< 1;,; about a state hospital, insane hospital, jail, house of correction, state industrial school or state prison; keepers of light houses; conductors and engine drivers of railroad trains; teachers in public schools; en- ginemen and members of the fire department of the city of Boston, and of other cities and towns in which such exemption has been made by vote of the city council or the inhabitants of the town, respectively. Revised Laws, Chapter 16, § 3. Section 3. In addition to the persons exempted by the laws of the u x s" 1 i;'!'\"r a reduced rates specific distance at fixed times, at such reduced rates of fare 1874! 372! as the parties may agree upon. Tickets may be issued for such p 1 | 5 ii2, passengers, upon which shall be plainly printed the terms upon i-'Y,' 111, which they may be used. Such tickets shall not be transferable 5 228, without the consent of the corporation, nor shall they entitle the holder to ride upon a train which is not therein designated. Section 185. A railroad corporation which owns or oner- Bicydesaa i. L 1 1 ates a railroad of standard gauge in this commonwealth shall 'J"'". : * 1S - check and transport between stations within the limits of this 5229. 90 TRANSPORTATION OF PASSENGERS. Baggage 1854, 23. G. S. 63, § 111. L874, 372, § 136. P. S. 112, 5 L82 R. L. Ill, § 230. 15 Gray, 447. 7 Allen, 329. Injury, etc., to baggage by hackman, etc. 1869, 307. P. S. 203, § 112. commonwealth, as baggage, and subject to the same charges, terms and liabilities as other baggage, one bicycle for each pas- senger who pays by a mileage hook, by a ticket other than a season ticket, or in cash, the established fare, if it is not less than ten cents, exclusive of rebate. The weight of the bicycle shall be included in determining the total weight of the baggage to be transported for such passenger. Such corporation shall not require such bicycle to be crated, covered or otherwise pro- tected. Section 186. Every railroad corporation shall, upon re- quest, give cheeks to passengers for their baggage when delivered for transportation, and shall re-deliver the baggage to the pas- sengers upon the surrender of such checks. A corporation which violates the provisions of this section shall forfeit ten dollars for each offence. Revised Laws, Chapter 208, § 126. Section 126. A baggage master, express agent, stage driver, hack- man or other person, whose duty it is to handle, remove or take care of the baggage of passengers, who wilfully or recklessly destroys or injures a trunk, valise, box, package or parcel, while loading, transporting, unloading, delivering or storing the same, shall be punished by a tine of not more than fifty dollars. Storage of baggage, charges. Publication of unclaimed effects of passengers. 1851, 147, § 1. G. S. so, 15 1. P. S. 96, § 1. 6 Allen, 253. Sale of unclaimed articles. 1851, 147. 5 2. G.S. 80, § 2. P. S. 96, § 2. Proceeds to be paid to com- monwealth. 1851, 1 17. § 3. <3. S 80, j ::. P. S. 96, § 3. Acts of 1907, Chapter 287. An Act relative to Charges for Storage of Baggage by Railroad Corporations. Section 1. No charge shall be made by railroad corporations for the care or storage of baggage left at or arriving in railroad stations upon Friday, for the period of time between Friday and the forenoon of the following Monday. Section 2. This act shall take effect upon its passage. [Approved April 11, 1907. Revised Laws, Chapter 95, §§ 1-4. Section 1. Railroad corporations and the proprietors of steamboats engaged in the transportation of passengers shall semi-annually, on the first Monday of January and July, publish, in one newspaper at least in every county of this commonwealth in which such corporations or proprietors have a passenger station or office, a descriptive list of all trunks, bags, valises, parcels and passengers' effects which have been left and then remain unclaimed at any passenger station or office, or in the possession of such corporations or proprietors or their agents, and the list shall indicate all such specific marks as may serve to identify the same. Section 2. If at the expiration of six months after such advertise- ment any of the articles so advertised remain unclaimed, said corpora- tions or proprietors having possession thereof shall give notice to the mayor and aldermen of the city or selectmen of the town in which the articles may be, who shall cause them to be examined, and may order them to be sold by public auction upon publication of notice of the time and place of sale as aforesaid, or may order them to be again advertised and to remain another six months before being sold. Section 3. The proceeds of all articles thus sold, after deducting costs of storage, advertising and tit her expenses due to such corpora- tions or proprietors, and the costs of said examination and sale, shall be 906 [See page 90, 1907, chap. 287.] 1908. Chapter 504. An Act relative to the Charges for Storage of Baggage by Railroad Corporations. Section 1. Section one of chapter two hundred and eighty-seven of 1907, 287, § 1, the acts of the year nineteen hnndred and seven is hereby amended by striking out the words " the forenoon ", in the fourth line, and insert- ing in place thereof the words : — twelve o'clock noon, — so as to read as follows : — Section 1. No charge shall be made by railroad corpora- Charge tions for the care or storage of baggage left at or arriving in railroad \y^J^, r ,Q gB stations upon Friday, for the period of time between Friday and twelve o'clock noon of the following Monday. Section 2. This act shall take effect upon its passage. [Approved May 7, 1908. TRANSPORTATION OF PASSENGERS. 91 paid over to the treasurer and receiver general for the use of the commonwealth. Section' 4. If such corporations or proprietors neglect or omit so to Penalty for advertise and cause any such effects to be examined, they shall be liable veftfse, etc* " for all damages caused thereby, and shall also forfeit one hundred Q 85 g'g0 7 i § 4 4 ' dollars for each case of neglect or omission. P. S. 96,' § 4. Section 187. Every railroad corporation which has a ter- cheap mom- minus in Boston shall, upon the application of two hundred or ing trains. more persons therefor, furnish on each week day a morning p. s.'m," train in and an evening train out for distances not exceeding fjif'111, fifteen miles, or suitable cars attached to other trains, and reach- & 231- ing and leaving Boston at about six o'clock in the forenoon and afternoon, or at such hours as may be fixed by the board of railroad commissioners ; and for such trains, shall furnish sea- son tickets good once a day each way for six days in the week, at a rate not exceeding, for yearly tickets, three dollars a mile and for quarterly tickets, one dollar a mile. Section 188. Every railroad corporation which has a ter- Working- minus in Boston shall furnish such number of workingmen's 1900, 298. trains, not less than two each way, as the board of railroad com- § 232. ' missioners, upon a petition for such trains filed with it, shall in each case order. Such trains shall arrive at Boston between six and half past seven o'clock in the morning and leave Boston between the same hours in the evening and special cars may be provided therefor. Season tickets, good once a day each way for six days in the week, shall be furnished for such trains at a rate not exceeding, for yearly tickets, three dollars a mile, and for quarterly tickets, one dollar a mile. Trip tickets now issued shall be good on the two trains authorized by this section, and shall not be withdrawn nor the rate therefor be increased without the consent of the board of railroad commissioners. Section 189. Every railroad corporation shall sell to an Season tickets . ■■ t 1 for express express messenger or to a person who conducts a local express messengers, business, as provided in section one hundred and ninety-seven, §§ % 5. ' in its trains or cars within this commonwealth, a season ticket 1233. 111, for his personal transportation, at a price not exceeding that at See R . l. 70. which similar tickets are sold to passengers, upon receiving from him a release of all right, to whomsoever accruing, to damages or compensation for death or for any personal injury received by him while riding on such ticket. The supreme judicial court or the superior court shall have jurisdiction to enforce the provisions of this section by injunction, mandamus or other suitable process. Section 190. Any person who, being governor, lieutenant Frcep^sesto ' ~ ^ stilt* 1 nlhrers governor, member of the council, member or member-elect of forbidden . • 1S92 59 the general court, justice of the supreme judicial court, justice |§ 1-3. of the superior court, judge of probate, justice of a police, dis- § 234. trict or municipal court or a county commissioner, who requests, for himself or another, accepts or uses any free pass upon a railroad, or any ticket which entitles him to transportation upon a railroad, for which he has paid a less price than is de- 92 TRANSPORTATION OF MAILS. Women, etc., in smoking cars. 1888, 176. R L. Ill, § 235. Color or race discrimina- tion. 1st',.-,, 277. 1866, 252. P. S. 207, § 69. 1SX5, 316. 1893, 436. 1895, 461. 13 Allen, 247. Transporta- tion or United States mails, when, etc. 1867, 351. § 1. P. S. 112, : ISA K. L. Ill, § 236. Compensation for carrying mails, how determined. 1867, 351, § 2. P. S. 112, 5 185. R. L. Ill, § 237. mantled of the public generally, and an officer, agent or employee of a railroad corporation who issues, delivers or offers to any person hereinbefore mentioned or to or for any other person at the request, solicitation or procurement of any such person a free pass or any ticket which entitles him to transportation at a less rate of fare than is demanded of the public generally, shall be punished by a fine of not less than one hundred nor more than one thousand dollars. Section 191. A railroad corporation which does business in this commonwealth shall not require women or children to ride in smoking cars. For a violation of the provisions of this section the corporation, or any officer or employee thereof, shall be pun- ished by a fine of not less than ten nor more than fifty dollars for each offence. Revised Laws, Chapter 212, § 89. Section 89. Whoever makes any distinction, discrimination or re- striction on account of color or race or, except for good cause, appli- cable alike to all persons of every color and race, relative to the admission of any person to, or his treatment in, a theatre, skating rink or other public place of amusement, licensed or unlicensed, or in a public conveyance or public meeting, or in an inn, barber shop or other public place kept for hire, gain or reward, licensed or unlicensed, or whoever aids or incites such distinction, discrimination or restriction, shall, for each offence, be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment, and shall forfeit to any person aggrieved thereby not less than twenty-five nor more than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. Transportation of Mails. Section 192. Every railroad corporation shall, upon request of the postmaster general or of an authorized agent of the post office department, carry the mails at such times and upon such trains as may be desired by him upon the terms provided in the two following sections. Section 193. A corporation which is unable to agree with the postmaster general or other proper officer of the United States as to the compensation to be paid for such transportation may notify the postmaster general of its unwillingness to carry the mails upon the terms proposed ; and after the expiration of three months from the depositing of such notice in a post office in this commonwealth, addressed to the postmaster general, such corporation shall be absolved from the duty imposed in the preceding section, unless he or some officer or agent of the post office department within that time has filed a petition in the supreme judicial court in any county, praying for the appoint- ment of three commissioners to fix the price to be paid to the corporation for such service ; and the court, after notice to the corporation, shall appoint three commissioners to hear the par- ties and determine such compensation, the award of a major part of whom, 1 icing made to and confirmed by said court, shall TRANSPORTATION OF MERCHANDISE. 93 be final as to all past service and for the period of two years after such confirmation. Section 194. Upon application to said court by either party Revision of to such proceedings at any time after the expiration of two i867,'35i, § 3. years from the confirmation of such award, the matter may be § is6 11J ' reopened, and the same or other commissioners shall rehear the f 23s. 111 ' parties, and the award of said commissioners or of a major part of them, when made to and confirmed by said court, shall be binding on the parties for two years after such confirmation, when like proceedings may again be had on petition of either party. Transportation of Merchandise. Section 195. A railroad corporation shall, upon request, ^ ceipt s s f ? without additional charge, srive a receipt describing articles, merchandise. ° " 1872 30S packages or commodities not extra hazardous delivered to it 1874,' 372^ for transportation. -A corporation which refuses to give such p. s'112, receipt shall forfeit fifty dollars to the person who is entitled ft. 1 ?! 111, thereto. § 239 - Section 190. Every railroad corporation shall, subject to Equal faciii- the provisions of section two hundred and one, give to all per- portation. ans ~ sons reasonable and equal terms, facilities and accommodations }|^' ^%- for the transportation upon its railroad of themselves, their L^Wo' agents and servants, and of their merchandise and other prop- § 188 - erty and for the use of its depot and other buildings and § 240. grounds ; and, at any point where its railroad connects with 128 Mass! -.ins. another railroad, it shall give reasonable and equal terms and 266. s ' 35, facilities of interchange. 165 Mass. 398. Section 197. The provisions of the preceding; section shall — to local i ii IT- -it 1 ,. expressmen. apply to all persons engaged only m a local express business for 1894, 469, the forwarding of express matter between points within the R. l'. liij commonwealth in the trains or cars of any railroad corpora- i65 4 Mass. 39s. tion, and to persons desiring to engage therein who obtain the | e £ R - L -' > recommendation of the board of railroad commissioners there- for, and who agree in writing to indemnify the corporation against all loss of and damage to any property which is carried by them on its trains. Such recommendation shall be given only after notice to all parties interested and a hearing thereon, and with regard, among other considerations, to the public in- terest. Such corporation may contract with one or more per- sons for the express service over its railroad or system, subject to the rights of such persons as may then be engaged in, or shall have obtained the recommendation aforesaid to conduct, such local express business thereon between points within this com- monwealth under the provisions of this section; and the terms, facilities and accommodations provided for such hist named persons shall qoI be unreasonable or unequal, having regard to the amount and character of the service and also to such reason- able regulation of said business as may be I'm- the public inter- es1 and the efficienl operation of the railroad. The provisions of this section shall not deprive any railroad corporation of any right which it has under its charter or under general laws, to 91 TRANSPORTATION OF MERCHANDISE. Merchandise i c i In- for- warded promptly. L859, 209, § 1. G.S. 63. § ill. Is7l. 372, § 139. 1' S 112. §189. R.L.111,1242. Charges for ii nation of freight. 1871, 363. 1S74. 372, 5 Hit P. S. 112, § 190. R. L. Ill, 5 213. 124 Mass. 561. Penalties on corporation. 1859, 209. § 2. G.S. 63, § 114. is 73. 240. 1874. 372, § 141. 1880, 258. P. S. 112, § 191. R. L. Ill, § 244. 143 Mass. 264. Discrimina- tion in freight rates for- bidden. 1882, 94, 225. R. L. Ill, § 245. perform all the transportation of property upon its railroad. The supreme judicial court or the superior court shall have jurisdiction to enforce the provisions of this section by injunc- tion, mandamus or other suitable process. Section 198. Every railroad corporation shall promptly for- ward merchandise consigned to or directed to be sent over an- other railroad connecting- with its railroad, according to the directions contained thereon or accompanying the same, and shall not receive 1 and forward over its railroad merchandise con- signed to or directed to be sent by a different route. Section 199. A railroad corporation shall not charge or re- ceive for the transportation of freight to any station on its rail- road a greater amount than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on its railroad in the same direction. Two or more railroad corporations whose railroads connect shall not' charge or receive for the transportation of freight to any sta- tion on the railroad of either of them a greater amount than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of de- parture to a station at a greater distance on the railroad of either of them in the same direction. In the construction of this section, the amount charged or received for the transporta- tion of freight shall include all terminal charges ; and the rail- road of a corporation shall include all the railroad in use by it, whether owned or operated under a contract or lease. Section 200. A railroad corporation which violates any pro- vision of the four preceding sections, in addition to liability for all damages sustained by reason of such violation, shall for each offence forfeit two hundred dollars, which shall be recovered in an action of tort to his own use by the party aggrieved, or to the use of the commonwealth by the attorney-general or the dis- trict attorney of the district in which such violation was com- mitted ; but no such action shall be maintained unless brought within one year after the date of such violation. Section 201. A railroad corporation shall not in its charges for the transportation of freight or in the conduct of its freight business, make or give any undue or unreasonable preference or advantage to or in favor of any person, firm or corporation, nor subject any person, firm or corporation to any undue or unreasonable prejudice or disadvantage. Public ware- housemen, lniu licensed. 1S60, 20G, §§ 1. 11. 1X79. 104. 1SS0, 63. P S. 72. §§1. 2. 13. 1885, 1G7. Revised Laws, Chapter 60, § 1. Section 1. The governor, with the advice and consent of the council, may license in any city or town suitable persons, or corporations estab- lished under the laws of the commonwealth and having their places of business within the commonwealth, to be public warehousemen. Such warehousemen may keep and maintain public warehouses for the storage of goods, wares and merchandise. They shall give bond to the treasurer and receiver general for the faithful performance of their duties in an amount and with sureties to be approved by the governor, TRANSPORTATION OF MERCHANDISE. 95 and may appoint one or more deputies, for whose acts they shall he responsible. A railroad corporation which is licensed as a public ware- houseman shall not be required as such to receive any property except such as has been or is forthwith to be transported over its road or to give sureties on its bond. For further provisions as to rights and liabilities of railroad corpora- tions as public warehousemen, see other sections of R. L. 69. Revised Laws, Chapter 95, §§ 5, 6. Section 5. When a common carrier has transported fresh meats, fresh fish, shell fish, fruit or vegetables, to their destination, has notified the owner or consignee of their arrival, and the owner or consignee after such notice refuses or omits to receive and take them away and to pay the freight and proper charges thereon, said carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, after deducting the amount of said freight and charges and expenses of sale, shall be paid to the owner or consignee. If the owner or consignee on reasonable inquiry cannot be found, the sale may be made without such notice. Section 6. If goods carried by a raih'oad company or in a steam or sailing vessel are not called for by the owner or consignee within one year after the date of their receipt at the city or town to which they are consigned, they may be sold by public auction for the charges of transportation due thereon, notice of the time and place of sale first being given by publishing the same three days in each of three successive weeks in a newspaper, if any, published in such city or town, otherwise in the newspaper published nearest thereto. The pro- ceeds of goods so sold, after deducting costs of transportation, storage, advertising and sale, shall be placed to the credit of the owner in the books of the company or owner of the vessel making the sale, and shall be paid to the owner of the goods on demand. Perishable articles trans- ported by com mon carriers may be sold. 1857, 237. G.S.80, § 5. P. S. 96, § 5. Sale of un- claimed goods. 1866, 152. P. S.96, §§ 6, 7. Revised Laws, Chapter 212, §§ 73, 74. Section 73. Railroad corporations shall not permit animals which they are carrying or transporting to be confined in cars longer than twenty-eight consecutive hours without unloading them for at least five consecutive hours for rest, water and feeding, unless prevented by storm or accident. In estimating such confinement, the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included. Animals so unloaded shall during such rest be properly fed, watered and sheltered by the owner or person having the custody of them, or, in case of his default, by the railroad corporation transporting them, at the expense of said owner or person in custody thereof. In such case the corpora- tion shall have a lien upon such animals for food, care and custody furnished, and shall not be liable for such detention. A corporation, owner or custodian of such animals who fails to comply with the provisions of this section shall be punished by a fine of not less than one hundred nor more than five hundred dollars. The provisions of this section shall not apply to animals carried in cars in which they can and do hnve proper food, water, space and opportunity for rest. Section 74. A person found violating any provision of sections seventy and seventy-three may be arrested ami held without a warrant as provided in section forly-stven; and the person making an arrest with or without a warrant shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the Rest for animals transported. 1868, 212, § 5. 1869, 344, § 3. 1874, 372, § 142. P. S. 207, § 55. 170 Mass. 44. Arrest for cruelty to animals. L869, 344, 5 4. P. S. 207, § 56. 96 TRANSPORTATION OF MERCHANDISE. person arrested, shall properly care and provide for such animals until the owner thereof takes charge of them, not, however, exceeding sixty days from the date of said notice and shall have a lien on said animals tor the expense of such care and provision. Transporta- tion of dead In. dies regu- lated. L883, L24, j ! IvsT, 335. 1S97, 437, § ( Revised Laws, Chapter 78, § 43. Section 43. No common carrier or other person shall convey or cause to be conveyed, through or from any city or town in this com- monwealth, the body of any person who has died of small pox, scarlet lever, diphtheria or typhus fever until such body has been so encased and prepared as to preclude any danger of contagion or infection by its transportation; and no city or town clerk, or clerk or agent of the board of health, shall give a permit for the removal of such body until he has received from the board of health of the city or from the select- men of the town in which the death occurred a certificate stating the cause of death, and that said body has been prepared in the manner prescribed in this section, which certificate shall be delivered to the agent or person who receives the body. "Whoever violates the provi- sions of this section shall forfeit not more than twenty-five dollars. — of liquors into no-license cities, etc. L897, 271,§ 1. 172 Mass. 311. Revised Laws, Chapter 100, §§ 49, 50. Section 40. Spirituous or intoxicating liquor which is to be trans- ported for hire or reward for delivery in a city or town in which licenses of the first five classes are not granted, shall be delivered by the seller or consignor to a railroad corporation or to a person or corporation regularly • and lawfully conducting a general express busi- ness, in vessels or packages plainly and legibly marked on the outside with the name and address, by street and number, if there be such, of the seller or consignor, and of the purchaser or consignee, and with the kind and amount of liquor therein contained. Delivery of such liquors or any part thereof by a railroad corporation, by a person or corporation regularly and lawfully conducting a general express business or by any other person to a person, other than the owner or consignee, whose name is marked by the seller or consignor on said vessels or packages, or at any other place than is thereon marked, shall be deemed to be a sale by any person making such delivery to such person in the place in which such delivery is made. R. L. ion. Amended. Acts of 1907, Chapter 517, § 1. An Act relative to the Registration of Carriers of Intoxicating Liquors. Section 1. Section forty-nine of chapter one hundred of the Revised Laws is hereby amended by inserting after the word " business ", in the sixth line, the words: — and to no other person or corporation, — by inserting after the word " contained ", in the ninth line, the words : — No person or corporation not regularly and lawfully conducting a general express business, except a railroad corporation or a street rail- way corporation authorized to carry freight or express, shall receive such liquors for transportation for hire or reward for delivery in a city or town, in which licenses of the first five classes are not granted, nor transport or deliver such liquors in such cities or towns, — and by striking out the words "or by any other person", in the twelfth line, so as to read as follows: — Section 49. Spirituous or intoxicating liquor which is to be transported for hire or reward for delivery in a city or town in which licenses of the first five classes are not granted, shall be delivered by the seller or consignor to a railroad corporation TRANSPORTATION OF EXPLOSIVES. 97 or to a person or corporation regularly and lawfully conducting a general express business, and to no other person or corporation, in vessels or packages plainly and legibly marked on the outside with the name and address, by street and number, if there be such, of the seller or consignor, and of the purchaser or consignee, and with the kind and amount of liquor therein contained. No person or corporation not regularly and lawfully conducting a general express business, except a railroad corporation or a street railway corporation authorized to carry freight or express, shall receive such liquors for transportation for hire or reward for delivery in a city or town, in which licenses of the first five classes are not granted, nor transport or deliver such liquors in such cities or towns. Delivery of such liquors or any part thereof by a railroad corporation, by a person or corporation regularly and law- fully conducting a general express business to a person, other than the owner or consignee, whose name is marked by the seller or consignor on said vessels or packages, or at any other place than is thereon marked, shall be deemed to be a sale by any person making such delivery to such person in the place in which such delivery is made. Section 50. Every railroad corporation and every person or corpo- Record of ration regularly and lawfully conducting a general express business, to be kept. ' receiving spirituous or intoxicating liquor for delivery, or actually 1897, 271, § 2 * delivering intoxicating liquor to any person or place in a city or town described in the preceding section, shall keep a book, and plainly enter therein the date of the reception by it or him of each vessel or package of such liquor received for transportation, and a correct transcript of the marks provided for by said section, and the date of its delivery by it or him, and the name of the person to whom it was delivered shall be signed to the same as a receipt; and said book shall at all times be open to the inspection of the officers named in section twenty- seven. Such officers shall not make public the information obtained by such inspection except in connection with the enforcement of law. TRANSPORTATION OF EXPLOSIVES. Revised Laws, Chapter 102, §§ 96-105. Section 96. No person, unless on military duty in the public service Explosives, of the United States or of this commonwealth, shall keep, have or is'tt k( > i6 '* l possess, in a building, place, vehicle or vessel, within one rod of a P. S. 102, § 59. dwelling house, any explosive in quantity exceeding one-fifth of a pound in any way or manner prohibited by the provisions of the nine following sections, or by any ordinance or by-law which may be made in accord- ance with the provisions of the following section. Section 97. The city council of a city or town may make ordinances — manufac- and by-laws, not inconsistent with the provisions hereof or with rides etc^'of* "* 86 ' made by the hoard of railroad commissioners as authorized by sec! ion f!*?,, § }• . „ „ . ^ 10/ /, Jib, s J. ninety-nine, tor the protection of life and property, relative to the P. s. 102, § 60. 1 ■ n 155 Mass 5T5 keeping, storage, use, manufacture or sale of explosives, and may \Amended. See regulate the transportation thereof through the streets or highways of ° eU > w l such city or (own, and affix penalties of not more than fifty dollars for each violation thereof. Section 98. The mayor and aldermen and the selectmen, respec- —licenses for tively, may license, upon such terms as may be prescribed in such s:i . l r_ a, .v' ,"^'." f - ordinances or by-laws, the keeping, storage, transportation, use, manu- P. S.' 102.' §61. facture or sale of explosives within the limits of such city or town. SECTION 99. No railroad corporation, street railway company, steam- Transporta- boat company or other association, partnership or person engaged in ','"" n r- , !.'-:", , '' ! ; ° ° icwl, D, SS 1. o. 98 TRANSPORTATION OF EXPLOSIVES. 1877. 216, § 4. P. S. 102, § 62. Transporta- tion by pas- senger carriers forbidden. 1871, 6, § 2. 1877, '-'16, § 5. P. S. 102, § 63. Penalties. 1871, 6, § 4. L877, -'16, § 6. P. 8. 102, § 64. Buildings may be entered and examined, etc. L877, 216, § 9. P. S. 102, § 65. Damages for injuries. L877, :'. 16, § 10. P. S. 102, § 66. Fire commis- r in Boston may exercise powers. 1877, 216, § 11. P. ,S. 102, § 67 "Explosive" defined. 1877,216, § 12 i he transportation of passengers shall knowingly transport any ex- plosives, in quantities exceeding the amounts hereinafter provided for, in any vehicle containing passengers, or in any vehicle attached to a railroad train or vehicle conveying passengers; nor in any case unless such explosives are plainly and legibly marked with the names of such explosives, and the words "explosive, — dangerous." The board of railroad commissioners shall from time to time make rules fixing the maximum amounts of various explosives which may be so carried in a pnhlic vehicle or in such railroad train or in a vehicle attached to such train. Such rales shall also define the method of packing such ex- plosives so as to insure the greatest safety, and shall prescribe how the same shall be carried as freight on railroads, steamboats and by common carriers; and, being subscribed by the railroad commissioners, shall be published once in each of four successive weeks in one or more daily newspapers published in the cities of Boston, Worcester and Springfield; and a copy thereof, certified by one of said board, and a like certificate of the fact of their due publication, shall in all cases be conclusive proof of such rules and of the proper publication thereof. Section 100. No person shall deliver for transportation to a rail- road corporation, street railway company or other association, partner- ship or person engaged in the transportation of passengers within this commonwealth, or take or place upon or in a car, boat or other vehicle of such corporation, company, association, partnership or person, with intent that the same shall be carried or transported thereon, any such explosive, unless it is packed and marked as provided in the preceding section and notice of the dangerous nature thereof is expressly given to the agent, servant or person to whom it is delivered, or to the agent, servant or person having at the time the management and control of the car, boat or other vehicle in or upon which the same is to be carried or transported. A common carrier may decline to receive or transport any such explosive in any manner whatever. Section 101. Whoever knowingly violates or knowingly causes or permits the violation of any provision of the two preceding sections or knowingly transports or causes or permits the transportation of an ex- plosive, in violation of the rules made by the board of railroad com- missioners, shall be punished by a fine of not less than fifty nor more than five thousand dollars or by imprisonment in the state prison for not more than five years. Section 102. Any person who is duly authorized by the ordinances of a city or the by-laws of a town may enter the building or premises of any person licensed to sell explosives and examine and ascertain if the laws, rules and regulations relative thereto are strictly observed; and upon an alarm of fire may cause the explosives there deposited to be removed or destroyed, as the case may require. Section 103. Whoever suffers injury by the explosion of an ex- plosive which is being kept or transported contrary to the provisions of this chapter or of ordinances, rules or by-laws made as provided in sections ninety-seven and ninety-nine may recover damages therefor in an action of tort against the persons who so violate said provisions. Section 104. The powers conferred on the city council of a city by the provisions of section ninety-seven may be exercised in the city of Boston, if the city council of said city so determine, by the fire commissioner or by any board to which said city may from time to time by ordinance delegate such powers. Section 105. The word " explosive " or "explosives", as* used in sections ninety-six to one hundred and three, inclusive, and section TRANSPORTATION OF MILK. 99 one hundred and twenty, shall be understood to include gun cotton, nitro glycerine or any compound thereof, and any fulminate or any substance intended to be used, by exploding or igniting the same, to produce a force to propel missiles or to rend apart substances, except gunpowder.* Acts of 1905, Chapter 280, § 1. Section 1. Chapter three hundred and seventy of the acts of the year nineteen hundred and four is hereby amended by striking out the first three sections and inserting in place thereof the following : — Section 1. The powers and duties heretofore conferred and imposed upon cities and towns and the mayors and aldermen, city councils and selectmen thereof, by chapter one hundred and two of the Revised Laws, to regulate the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of gunpowder, dynamite, crude petroleum or any of its products, or explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or any other explosives, except fireworks and fire crackers, are hereby conferred and imposed upon the detective and fire inspection depart- ment of the district police, except as to the transportation of said ex- plosives by steam railroads. P. S. 102, § 68. 155 Mass. 533. Powers, etc., to regulate con- ferred upon district police, except. [iSee R. L., la-', §§ 97, 99, above.] STORAGE OF OILS, ETC. Revised Laws, Chapter 102 J § 118. Section 118. None of the articles named in sections one hundred ° lls not . to . , remain in and six to one hundred and fourteen, inclusive, shall be allowed to streets. remain in a street, lane, alley or travelled way, upon a wharf, in a yard, p. s.'i02,'§ 74. or on the grounds of a railroad corporation, in a city, for more than twenty-four hours or in a town, for more than forty-eight hours, without a special permit from the mayor and aldermen or selectmen, or from a person authorized by them. Whoever so keeps such articles for a longer time shall be punished by a fine of not more than fifty dollars for each offence. Acts of 1905, Chapter 321. An Act relative to Trustee Process. When a common carrier, summoned as trustee in an action at law, Common has in his or its possession goods shipped by or consigned to a defendant beTefdTable in such action, such carrier, in the absence of collusion or fraud on his in certain or its part, shall not be held liable to the owner or consignee by reason of his or its failure to transport and to deliver said goods until the attachment is dissolved or the carrier is discharged as trustee. [Ap- proved April 21, 1905. Transportation of Milk. Section 202. A railroad corporation shall not rceoivo, for- Transporta- i -i -i • .,, • i . . . „ . tion of milk. ward or deliver milk in large quantities over any portion of its i879,206, lino, or permit others so to do, under contract, lease or hiring of P. S.' 112. oars or otherwise, without at the same time providing, :is regards 1893/210, § 1. time, care and preservation of the milk and the return of the fifc. 111, empty cans, equal facilities and advantages for receiving, for- * The regulations for the transportation of explosives referred to in R. Ti. 102, § 99 are stated in a comprehensive circular issued by the Board, which iu:iv be found on pages 204- 215 of the annual report for liXJG, and certain modifications appear ou pages -.';{4 and 235 of the annual report for l'J07. 100 SUNDAY TRAINS AND 150ATS. Transportation of milk, tariff for. haw fixed. 1879, 206, 5 -'. P. S. 112, L93. ism:;, 210, § 2. R L. Ill, § 247. L58 .Mass. 1. Penalties. L879, 206, § 3. P. S. 11-', § L94. 1893, 210, § 3. R. L. Ill, J 248. warding and delivering milk by the can over the same portion of its Line; oor without establishing a tariff for the milk by the can which is fairly proportionate to the rate which it charges or receives as aforesaid for milk in large quantities. Section 203. Upon the petition of one or more persons who desire to forward milk by the can over any railroad or any por- tion or portions thereof, the board of railroad commissioners, after notice to the railroad corporation and a hearing, shall as- certain and compare the tariff established as aforesaid for milk by the can with the rate charged or received as aforesaid for milk in large quantities over such railroad or such portion or portions thereof; and if the former is, in the jitdgment of said board, unreasonably high, as compared with the latter, said hoard shall revise said tariff and shall fix such rate for milk by the can as in its judgment is fairly proportionate to the rate for milk in large quantities, including in both cases the same care and preservation of the milk and the return of the empty cans, as aforesaid ; and shall notify the corporation in w r riting of the rate by the can so fixed over snch railroad or such portion or portions thereof; but milk received by one railroad corpora- tion from another shall not be considered as received at the point of junction of the two railroads, in comparing and fixing as aforesaid the rate for milk by the can tendered at such point of junction. Section 204. A railroad corporation which refuses or neg- lects to receive, forward or deliver milk by the can over its rail- road or any portion thereof at the tariff rate therefor, as pro- vided in the preceding section, shall forfeit to the person who tenders the same five dollars for each and every can of milk which it so refuses to receive or neglects to forward and deliver at the said tariff rate. FROM SUNDAY OBSERVANCE LAW. Prohibition as to Lord's day, of labor, etc., of necessity, e. I.. 133, SS 1. 2. 1692-3, 22, § 1. 1716-7, 13, j 1. 1727 8, 5, i§ 1. 1- 1760-1, 20, 17N_\ 23, ? 1. L791, 58, L. 1796, 89. I 1. R. S. 50, § 1. Revised Laws, Chapter 98, §§ 2, 3, 10, 11, 14, 15, 17. Sectiox 2. Whoever, on the Lord's day, keeps open his shop, ware- house or workhouse, or does any manner of labor, business or work, except works of necessity and charity, or takes part in any sport, game, play or public diversion, except a concert of sacred music or an entertainment given by a religious or charitable society the proceeds of which, if any, are to be devoted exclusively to a charitable or re- ligious purpose, shall be punished by a fine of not more than fifty dollars for each offence; and the proprietor, manager or person in charge of such game sport, play or public diversion, except as afore- said, shall he punished by a tine of not less than fifty nor more than five hundred dollars for each offence. G. S. 84, § l. 1862,152. Certain busi- oot pro- hibited. 1863, 143. P. S, 98, § 2. 1S95. 434, § 2. L2 Met. 24. L3 Met. 284. 2 Cush. 556. 4 Cush. 24:?. lo Cush. 257. 8 Gray, 384, 553. 11 Gray, 308. 15 Gray, 433. 9 Allen, lis. 452. 10 Allen, IS. 11 Allen. 209 12 Allen, is?. 13 Allen. 559. 97 Mass. 45, 166, 407, 411. 101 Mass. 30, 366. 103 Mass. 1S8. 107 Mass. 251, 439. 108 Mass. 517. 112 Mass. 368, 467. 117 Mass. 142. 127 Mass. 123. 128 Mass. 148. 131 Mass. 546. 143 Mass. 28, 167. 144 Mass. 362, 363. 145 Mass. 99, 353. 155 Mass. 543. 159 Mass. 101. 168 Mass. 519. 170 Mass. 561. 125 U. S. 555. Section 3. The provisions of the preceding section shall not be held to prohibit the manufacture and distribution of steam, gas or CONNECTING RAILROADS. 101 electricity for illuminating purposes, heat or motive power, nor the issr,, s_>. distribution of water for tire or domestic purposes, nor the use of the J§||; fl l - 8 J telegraph or the telephone, nor the retail sale of drugs and medicines, i< s 'J5, r.;i, § 2. 191)0 1 10 nor articles ordered by the prescription of a physician or mechanical i90i!80. appliances used by physicians or surgeons, nor the retail sale of tobacco \^q JJaa in any of its forms by licensed innholders, common victuallers, drug- l76Mass.5, gists and newsdealers whose stores are open for the sale of newspapers every day in the week, nor the letting of horses and carriages or of yachts and boats, nor the running of steam ferry boats on established routes, nor the running of street railway cars, nor the preparation, printing and publication of newspapers, nor the sale and delivery of newspapers, nor the wholesale or retail sale and delivery of milk, nor the transportation of milk, nor the making of butter and cheese, nor the keeping open of public bath houses, nor the making or selling by bakers or their employees, before ten o'clock in the morning and between the hours of four o'clock and half past six o'clock in the evening, of bread or other food usually dealt in by them, nor the carry- ing on of the business of bootblacks before eleven o'clock in the fore- • noon. Section 10. Prosecutions for penalties incurred under the preceding Prosecutions, provisions of this chapter shall be commenced within six months after instituted. 6 the offence was committed. R. S. 50, § 11. 1815,135. G. S.84, § 10. P. S.98, § 8. Section 11. Sheriffs, constables and grand jurors shall inquire into Sheriffs, etc., and inform of all offences against the provisions of this chapter, and offences, cause the same to be enforced. 1727-8, 5, § 5. 1791, 58, §§ 10, 12. R. S. 50, §9. G.S. 84, §8. P. S. 98, § 9. Section 14. The board of railroad commissioners may authorize the Rule as to running, on the Lord's day, of such steamboat lines and such trains fines'and upon any railroad, as, in the opinion of the board, the public necessity iggj^iig and convenience require, having regard to the due observance of the P. S.98, §15. , l & & 1887,391, § 3. day. Section 15. The board of railroad commissioners may, if in their — as to steam- opinion the public necessity, convenience, health or welfare so requires, 1897,389. authorize the running of steamboats on the Lord's day for the entire year or any pari thereof, upon such conditions as they deem judicious to prevent disorderly conduct or the disturbance of public worship; and may at any time revoke such authority. Section 17. The provisions of this chapter shall not constitute a This chapter defence to an action for a tort or injury suffered by a person on the 1877,232. Lord's day. 1884,37. 140 Mass. 199. 165 Mass. 346. 125 U. S. 555. P- S. 98, § 3. CONNECTING RAILROADS. Section 205. If a railroad constructed after the eighth day Connecting of April in the your eighteen hundred and seventy-two moots paniesmayuse another railroad which terminates in the same city or town, or roads * ei a Lawfully crosses another railroad at the same level therewith, || 4 i,'2. 91 ' the corporation by which either of said railroads is owned may iji,'! 91, enter its railroad upon, unite the same with and use the rail- §§ fis^iio road of the other; if a railroad constructed after said day meets j^ '■/':}■ $ 1 - >; another railroad which passes through the same city or town, 1874,372, the corporation by which either of said railroads is owned may, I876,"i82. with the written consenl of the board of railroad commissioners r'.l. 111,5272. and upon such terms as said hoard upon hearing prescribes, I2 Gray ' 393, 102 CONNECTING RAILROADS. Compensation for drawing cars, etc. L845, L91, § '-'. is:. 7. 291, §5 1. 3 G.S. 63, § 117 1874, 372, § 166. P. S. 112, § 217. R. L. Ill, § 273. 12 Gray, 393. 14 Allen, 469. — determina- tion of rates of, 1845, 191, §§ 2 I. 1857, 291, § 2. 1858, 10. G.S. 63, S§ 117, 118. 1869, 40S, § 5. 1872, 180, § 4. 1874, 372, § 167. P. S. 112, § 218. R. L. Ill, § 274. 9 Cush. 369. 1 l Gray, 253, 266. enter its railroad upon, unite the same with and use the rail- road of the oilier; and if a railroad corporation whose railroad was constructed prior to said day is specially authorized to enter its railroad upon, unite the same with and use the rail- road of another corporation, each of such corporations may enter upon, unite its railroad with and use the railroad of the other; but no locomotive engine or other motive power which is not owned and controlled by the corporation owning or lawfully operating the railroad shall be allowed to run upon a railroad except with the consent of such corporation. Section 200. If two corporations are authorized as in the preceding section each to enter with its railroad upon, unite the same with and use the railroad of the other, each of them shall at reasonable times and for a reasonable compensation draw over its railroad the passengers, merchandise and cars of the other, and each of them shall for a reasonable compensation provide upon its railroad convenient and suitable station ac- commodations for the passengers and merchandise of the other corporation passing to and over it, and shall receive and deliver the same in the manner in which it receives and delivers its own passengers and freight. Section 207. If the corporations cannot agree upon the stated periods at which the cars of one shall be drawn over the railroad of the other, and upon the compensation to be paid therefor, or upon the terms and conditions upon which accom- modations shall be furnished for the passengers and merchan- dise of the other, or if two corporations operating railroads of different gauges cannot agree as to the requisite terminal ac- commodations, or as to the manner in which freight and pas- sengers shall be transferred from one railroad to the other and forwarded, the board of railroad commissioners, upon the peti- tion of either party and after notice to the other, shall hear the parties, and determine, having reference to the convenience and interest of the corporations and of the public to be accommo- dated thereby, the stated periods for drawing cars, the compen- sation therefor, the terms and conditions for passengers and merchandise, or the requisite terminal accommodations and man- ner of transferring passengers and freight as aforesaid ; and, upon the application of either party, shall determine all ques- tions between the parties relative to the transportation of freight and passengers and other business upon and connected with said railroads in which they are jointly interested and the man- ner in which the business shall be done, and shall apportion to the corporations their respective shares of the expenses, receipts and income of the same ; and the award of the board of rail- road commissioners shall be binding upon the respective cor- porations for one year and thereafter until the said board re- vises the same ; and the compensation of said board for services and expenses under the provisions of this section shall be paid by the respective corporations in such proportions as said board shall determine and set forth in its award. Upon the request TAXATION. 103 in writing of a party affected thereby, filed with said board within thirty days after the rendering thereof, the award shall be filed in the supreme judicial court which shall have jurisdic- tion to revise it as if it had been made by a commission ap- pointed by said court. Section 208. A railroad corporation which is created by connecting l-iiini • i i • • 1 ' roads char- the laws of another state shall have all the rights and privileges tered by other St 'it t*s relative to connecting railroads, under the provisions of the i860, 201. three preceding sections, of a corporation which is created by p. s. 112, 5219.' the laws of this commonwealth. R. .111,5 75. Section 209. Tw t o railroad corporations, which are incor- Connecting poratcd under the laws of this commonwealth, and whose rail- may contract roads enter upon or connect with each other, may contract that perform ail either corporation shall perform all the transportation upon and ^T^other? over the railroad of the other ; and any such corporation may || 3 f-l 3 99 ' lease its railroad to any other such corporation; but the facili- iififf'ne. ties for travel and business on either of the railroads of said Jf 7 ,!'^ / 5 I- corporations shall not thereby be diminished. Such leases shall i 8 7i,; 372, i it i ... § 170. be upon such terms as the directors agree, and as a majority m 1880,205, § 1. interest of the stockholders of both corporations at meetings §§220,221. n 1 £ xi 1 • 4. 4. 4.1 ' ' £ 1894, 506, § 1. called for the purpose approve, subject to the provisions ot sec- r. l. m, tion [two hundred and seven.] sixty-seven of Part I of this act. ir/cfrky, 103. The income arising from such contracts or leases shall be | £{}^ f^\ subject to the provisions of law relative to the right of the ^Oj?" A G - commonwealth to purchase the railroads of the railroad corpora- Amended 1 1 • -1-1 • 1 1 • ii)U/, oso. tions or to reduce their tolls, 111 the same manner as that aris- [For- Merger" ing from the use of the railroads. Copies of such contracts or pages so-ss.] leases shall be deposited with the board of railroad commission- ers, and full statements of the facts shall be set forth in the next annual return of such corporations. The provisions of this section shall not authorize a lease or contract between two rail- road corporations, each of which has a terminus in the city of Boston. The railroads of two railroad corporations shall be considered to enter upon or connect with each other, within the meaning of this section, if one of such railroads enters upon, connects with, or intersects a railroad leased to the other or operated by it under a contract as herein authorized. Section 210. A railroad corporation shall not lease or con- Term of lease . . . not to exceed tract for the operation of its railroad for a period of more than ninety-nine ... r i i i years, etc. ninety-nine years without the consent ot the general court; hut 1880,205,§2. the provisions of this section shall not render invalid a lease §222. which was approved by the stockholders of a corporation before s 277. ' the first day of July in the year eighteen hundred and eighty. TAXATION. Corporate Franchise Tax. Section 211. Every railroad corporation organized under Annual • _ r _...-.. returns to tax general or special laws of the commonwealth, m addition to all cornmissioner. '.,,., ... hi 1 • 1864, -'(is, returns required by its charter, shall annually, between the arsl §| 2, 3. and tenth days of May, return to the tax commissioner, under Issii; ni[ I'-/. 104 TAXATION*. P. S. 13, § 3S. Is--.-.. 238. § 1. L886, 270. 1888, U3, § 24. 1898, 117; 578, K. L. 1 I 12 Allen, 75. 98 Mas L39 Mass. 561. 1 H Mass 598. 1 16 Mass '08. 17,7 Mass. 70. [1 Op. A G. i up. !78.f Valuation of corporate fran- chise, etc. 1 (eductions. 1864, 208, §§ 5. 6. 1865, 283, 1880, 117, § 2. P. S 13, §§ 39, 40. 1885, 238, § 1. 1886, 270. 1898,417. R. L. 14, § 38. 13 Allen, 391 98 .Mass. 19, 25. 100 Mass. 184, 127, Mass. 568. 137 Mass 80. 139 Mass. 561. Ill Mass. 598. 1 16 Mas his. 152 Mass. 372. 157 Mass. 70. 1(17 Mass. 522. 163 U.S. 1. Corporation to appeal from local valua- tion, when. 1865, 283, § 6. P S. 13, ii 189 '. I • 1898, 117. R. L. 14, § 39. Tax to be paid on corporate hise. Kate, how de- ined. 1864, 208, § 5. 1865, 283, $ 5. 1880, M7.i 2. P .- 13, § 40. 1885, 2138, § 1. 1886, 270. 1888, 413, § 24. 1898, 117. 1!. I.. 14, § 40. 12 Allen, 75, 298. 98 Mass. 19,25. 99 Mass. 146, ■151. 105 Mass. 527. the oath of its treasurer, a complete list of its shareholders, their resiliences, the number of shares belonging to each, the amount of the capital stock of the corporation, its place of busi- ness and the par value and market value of the shares made up '' said first day of May. If stock is held as collateral security, such return shall state the name and residence of the pledgor and of the pledgee. It shall also contain a statement in detail of the works, structures, real estate and machinery owned hv said corporation and subject to local taxation within the commonwealth, and of the location and value thereof. A railroad corporation, whether chartered or organized in this commonwealth or elsewhere, shall also state in its return the whole length of its lines, and so much of the length of its lines as is without the commonwealth. Section 212. The tax commissioner shall ascertain from the returns or otherwise the true market value of the shares of each railroad corporation, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of May, which, unless by the charter of the corporation a different method of ascertaining such value is pro- vided, shall, for the purposes of this act, be taken as the true value of its corporate franchise. From such value there shall be deducted, in case of a railroad corporation, whether chartered or organized in this commonw T ealth or elsewhere, so much of the value of its capital stock as is proportional to the length of that part of its line, if any, lying without the commonwealth ; and also the value of its real estate and machinery subject to local taxation within the commonwealth. For the purposes of this section, the tax commissioner may take the value at which such real estate and machinery is as- sessed at the place where it is located as the true value, but such local assessment shall not be conclusive of the true value thereof. Section 213. The tax commissioner may require the cor- poration to prosecute an appeal from the valuation of its real estate or machinery by the assessors of a city or town, either to the county commissioners or to the superior court, wdiose deci- sion shall be conclusive upon the question of value. Upon such appeal the tax commissioner may be heard, and in the superior court costs may lie awarded as justice requires. Section 214. Every railroad corporation shall annually pay a tax upon its corporate franchise, after making the deductions provided for in section two hundred and twelve, at a rate de- termined by an apportionment of the whole amount of money to be raised by taxation upon property in the commonwealth dur- ing the same year as returned by the assessors of the several cities and towns under the provisions of section ninety-three of chapter twelve of the Revised Laws upon the aggregate valua- tion of all cities and towns for the preceding year as returned under sections sixty and sixty-one of said chapter; but if the return from any city or town is not received prior to the twen- TAXATION*. 105 tieth dav of August, the amount raised bv taxation in said city 135 Mass. 569. J ,, , ° ,. L .r> i . -i j- 137 Mass. SO. or town for the preceding year, as certified to said secretary or 1.39 Mass. 561. the commonwealth, may be adopted for the purpose of this i 57 MaS!70. determination. The amount of tax assessed upon polls for the ewaiS! *, 5 63 2. preceding year, as certified to said secretary, may be taken as i~8U.s. 120. the amount of poll tax to be deducted from the whole amount to be raised by taxation, in ascertaining the amount to be raised upon property. Revised Laws, Chapter 12, §§ 61, 93. Sectiox 61. The assessors of cities and towns, except the city of ^fju^ 1 ^. Boston, shall, on or before the first day of October in the year nineteen posit with the hundred and four and in every third year thereafter, deposit in the thTcommon- office of the secretary of the commonwealth, in books to be by him pro- ^ e ^k c°PJes vided for the purpose, a copy of the assessors' valuation-books of those books, years, to be by them certified under oath. Said assessors shall also is64;2io]§i! annually, on or before the first day of October, and the assessors of the fgj^g 1 !. 5 55 ' city of Boston, on or before the first day of November, in like manner 1S94, 318. deposit an attested copy of the table of aggregates required by the provisions of the preceding section. Section 93. Assessors shall annually, on or before the first Monday Returns to tax of August, return to the tax commissioner the names of all corporations, of "corp^ra"^ except banks of issue and deposit, having a capital stock divided into v™^' n \ y J nd shares, chartered bv the commonwealth or organized under the general taxes laid. laws for the purposes of business or profit and established in their 1S65 ; t^ respective cities and towns or owning real estate therein, and a state- I?!'**" ment in detail of the works, structures, real estate and machinery owned §§ 86, 87. ■ 13 Allen 391 by each of said corporations and situated in such city or town, with the value thereof, on the first clay of May preceding, and the amount at which the same is assessed in said city or town for the then current year. They shall also, at the same time, return to the tax commissioner the amount of taxes laid, or voted to be laid, within said city or town, for the then current year, for state, county and town purposes. If the assessors neglect to comply with the requirements of this section, each assessor so neglecting shall forfeit one hundred dollars. Section w 21."». Tf the value of the real estate and machinery Remedy of of a railroad corporation subject to local taxation within the when assess- common wealth, as determined by (he tax commissioner, is less oPreafeste'te than the value thereof as determined by the assessors of the commission- place where it is situated, he shall give notice of his determine '^y 283 §6 tion to such corporation; and, unless within one month after {^ ',; the date of such notice it applies to said assessors \'<>v an abate- R- l'ju, § 42. , . ' ' 137 Mass, 81 . ment, and, upon their refusal to grant an abatement, prosecutes L46 Mass. 403. an appeal under the provisions of section seventy-seven of chap- i67Mass!522! ter twelve of the Revised Laws, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be con- clusive upon said corporation. Revised Laws, Chapter 12, § 77. Section 77. A person aggrieved by the refusal of assessors to abate Appeal to a tax may, within thirty days after receiving the notice provided in (lie I™^„'," preceding section, appeal therefrom by filing a complaint with the clerk I'^n'fn' of the county commissioners, or of any board exercising the powers of h'.s' 7, J J * §§39,40. 106 EXEMPTION' AND APPORTIONMENT. 1853, 319, 5 3. L857, 306, § 3. G. S. 11, 5, 16. 11, . S 71, 72. 1882, 218. 8 Cush. 55. ti Allen. 131. 11 1 Ma 152 Mass. 372, L55 Mass. 313. 159 Mass. 383. Exemption from local taxation. Apportion- ment. L864, 208, §§ 8, 15. lsc,.-,. l's:j. § i.-, lStiO, 201. S 2. P - 13, § 57. L887, 228. L888, 113. § 23, 1898, 417; 578, §§ 4. 26. 1900, 413, ? 5. 1901,413, * 4. R. L. 14, § 61. 135 Mass. 569. 139 Mass. 559. Assessment of personal 1830, 151, § 2. i; S. 7. 10. 1839, 139. § 2. G.S. 11, § 12. P. S. 11, | 20. Property of persons under guardianship. R S 7. § in, cl.4. L855, 106. 1859, 2.58. G.S. 11, § 12, cl.4. "i V. R. S. 7, § 10, .-I .',. G.S. 11, § 12, cl. 5. P. S. 11, § 20, cl. 5. 1894, 490. 5 Cu-h.93. , 132. 6 Allen, 277. such commissioners, for (he county in which the property taxed is situated, and it' upon a hearing the board finds that the property has heon overrated, it shall make a reasonable abatement and an order as to costs. If the list required to be brought in to the assessors was not brought in within the time specified in the notice required by sec- tion forty-one, the tax shall not be abated unless the appellate board finds that there was good cause for the delay or unless the assessors have so found as provided in section seventy-four. No costs shall be allowed to a complainant who has failed to file a list as required by law. Exemption and Apportionment. Section 216. Xo taxes shall be assessed in a city or town for state, county or town purposes, upon the shares in the cap- ital stock of a railroad corporation for any year for which it nays to the treasurer and receiver general a tax on its corporate franchise. Such proportion of the tax collected of each rail- road corporation as corresponds to the proportion of its stock owned by persons residing in this commonwealth shall be dis- tributed, credited and paid to the several cities and towns, in which, from the returns or other evidence, it appears that such persons resided on the preceding first day of May, according to the number of shares so held in such cities and towns respec- tively. If stock is held by co-partners, guardians, executors, administrators or trustees, the proportion of tax corresponding to the amount of stock so held shall be credited and paid to the cities and towns where the stock would have been taxed under the provisions of clauses four, five, six and seven of section twenty-three and section twenty-seven of chapter twelve of the Revised Laws. If a city or town owns such stock, a return to said city or town shall be made as if it were owned by persons resident therein. Revised Laws, Chapter 12, § 23, cl. 4-7, § 27. Section 23. All personal estate, within or without the common- wealth, shall be assessed to the owner in the city or town in which he is an inhabitant on the first day of May, except as provided in chapter fourteen and in the following clauses of this section : — I Met. 242, 250. 4 Met. 181. in Cush. 65. II Cush. 362. 3 Gray, 494. 6 Gray, 579. 7 Grav. 277. 9 Gray, 433. 13 Grav, 488. 16 Gray, 292, 337. 9 Allen, 246. 14 Allen, 366. 103 Mass. 279. 104 Mass. 587. 109 Mass. 270. 112 Mass. 384. 124 Mass. 143. 125 Mass. 348. 126 Mass. 161, 166. 131 Mass. 424. 132 Mass. 93. 135 Mass. 258. 137 Mass. 332. 158 Mass. 461. Fourth, Personal property belonging to persons under guardianship shall be assessed to the guardian in the city or town of which the ward is an inhabitant unless the ward resides and has his home without the common wealth, in which case it shall be taxed to the guardian in the city or town of which he is an inhabitant. P. S. 11, § 20, cl.4. 2 Gray, 494. 4 Allen, 462. 105 Mass. 528. 145 Mass. 111. Fifth, Personal property held in trust by an executor, administrator or trustee, the income of which is payable to another person, shall be assessed to the executor, administrator or trustee in the city or town in which such other person resides, if within the commonwealth; and if he resides out of the commonwealth it shall be assessed in the place whore the executor, administrator or trustee resides; and if there are two or more executors, administrators or trustees residing in different places, LIENS FOR LABOR AND MATERIALS. 107 the property shall be assessed to them in equal portions in such places, 105 Mass. 528. and the tax thereon shall be paid out of said income. If the executor, }|q ^;)^; \\q administrator or trustee is not an inhabitant of the commonwealth, it i|2 Mass. 111. . . ' 147 Mass. 431. shall be assessed to the person to whom the income is payable, in the 165 Mass. 287. place where he resides, if it is not legally taxed to an executor, ad- ministrator or trustee under a testamentary trust in any other state. Sixth, Personal property placed in the hands of a corporation or Personal individual as an accumulating fund for the future benefit of heirs or asTnaccumu- other persons shall be assessed to such heirs or persons, if within the j^gV'g'io commonwealth, otherwise to the person so placing' it, or his executors d. 6. or administrators, until a trustee is appointed to take charge of such c i 6. property or of the income thereof. 13 Allen, 267. 121 Mass. 351. *j; |; n * $ 20 - 123 Mass. 355. 124 Mass. 193. 147 Mass. 427. Seventh, Personal property of deceased persons shall be assessed ~r of , ' . . „ decedents. in the city or town in which the deceased last dwelt. Before the R. S. 7, § 10, appointment of an executor or administrator it shall be assessed in 1848, 235. general terms to the estate of the deceased, and the executor or admin- (f^'fi 4 * 12 istrator subsequently appointed shall be liable for the tax so assessed el. 7. as though assessed to him. After such appointment it shall be assessed p.s.'ii, §20, to such executor or administrator for three years or until it has been 5 P ^ ck 2 36 distributed and notice of such distribution has been given to the * Cush. 1. assessors stating the name and residence of the several parties inter- 97 Mass.~322. ested in the estate who are inhabitants of the commonwealth and the 123 Mass! 376! amount paid to each. After three years from the date of such appoint- }i 9 . M . ass ff\ ment it shall be assessed according to the provisions of clause five 161 Mass. 9. of this section. 176 Mass ' " Section 27. Partners, whether residing in the same or in different Partners, cities or towns, may be jointly taxed under their firm name, in the rTs. 7*f 13. place where their business is carried on, for all the personal property cPs'n 4 ^ 15 employed in such business, except ships or vessels. If partners have P. S. li,' 5 24. places of business in two or more towns, they shall be taxed in each 7 Gray'. 132". of such places for the proportion of property employed therein. If so io^mSs.^. jointly taxed, each partner shall be liable for the whole tax in Mass - :1 -'- 125 Muss 351 133 Mass. 499. 137 Mass. 227. 140 Mass. 346. 163 Mass. 444. 172 Mass. 383, 464. 130 Mass! ill! Section 217. The tax commissioner shall, subject to appeal Taxcommis- .. -if i . -it ., l L sioner t<> deter- to the board 01 appeal, ascertain and determine the amount due mine amounts to each city and town under the provisions of the preceding and towns, section, notify the treasurer of each city and town thereof, and P. s 5 'i3, 3 § 58 5 ' certify the amount as finally determined to the treasurer and Jf?;! 78, receiver general, who shall thereupon pay over the same. R.l.u, §62. LIENS FOR LABOR AND MATERIALS. Section 218. A person to whom a debt is duo for labor per- Action against formed or for materials furnished and actually used in con- road e fo°r i structing a railroad under a contrad with a person other ilian S73°35Mi! the railroad corporation, who has authority from or is rightfully [1I3" 2, acting for such corporation in furnishing such labor or ma- Jh'/i" 1 ' terials shall have a righl of action againsl such corporation to 121 Sials' 510 recover such debt with costs, except as provided in the four following sections. Si ction 210. A person who has contracted to construct the Contractor whole or a specified part of such railroad shall not have such '',',' chacti right of action. P.S.H2,§144. r. l. 111, § 165. 1873,353, §2. 108 CHANGE OF NAME. DISSOLUTION. statement Section 220. A person shall not have such right of action of amount of ' ..... , „ ° debt to be for labor performed, unless, withui thirty days alter ceasing to 353, § 3. perform it, he files in the office of the clerk of a city or town in s n.-, 11 ' which any of said labor was performed a written statement, i. 111, under oath, of the amount of the debt so due to him and of the 127 Mass. ioi. liame f ^] 10 porson or persons for whom and by whose employ- ment the labor was performed. Such right of action shall not he lost by a mistake in statin"' the amount due; but the claimant shall not recover as damages a larger amount than is named in said statement as due to him, with interest thereon. Notice of in- Section 221. A person shall not have such right of action filed. _ , for materials furnished, unless, before beginning to furnish p.s.'ii2,' them, he files in the office of the clerk of the city or town in ill/ih, which any of the materials were furnished a written notice of his intention to claim such right, in the manner provided for filing the statement named in the preceding section. Li tions tiono£ Section 222. Such action shall not be maintained unless it 1873,353, § 5. j s begun within sixty days after the plaintiff ceased to perform § 147. ~ such labor or to furnish such materials. 127 Mass. ioi. R.L. ill, §168. CHANGE OF NAME. change of Section 223. Upon the application of any railroad corpora- i|9i,'360, tion, authorized by a vote of two thirds of the stockholders 1892,198,201. present and voting at a meeting called for the purpose, the L898i 474; § 9. board of railroad commissioners may, after public notice and 1899, 164; 442, fl h ear i n g ? authorize such corporation to change its name. 1901, 422, § 9. R. L. 109, § 9. o7 c t e o rt be° ate Section 224. A certified copy of such authorization and a tiled with certificate of the vote of the corporation, signed and sworn to 1891,360, by the president, treasurer and a majority of the directors, shall r.l. 109, § io. be filed in the office of the secretary of the commonwealth. The board of railroad commissioners shall require public notice to be given of the change so authorized; and upon receipt of proof thereof the secretary of the commonwealth may grant a certifi- cate of the name which the corporation shall bear, which, sub- ject to the provisions of section fourteen, shall thereafter be its Legal name. Rightsand Section 225. A railroad corporation shall have the same under new rights, powers and privileges, and be subject to the same duties, i'vj'i', '.'■.',&), i 4. obligations and liabilities, under its new name as before its r.l. 109, §11. name was changed, and may sue and be sued by its new name; but any action broughl against it by its former name shall not be defeated on that account, and, on motion of either party, the new name may be substituted therefor. DISSOLUTION. Dissolution of Section 220. If a majority in interest of the stockholders corporations. „ n , ' . " . . „. . ., ^-i 1852 of a railroad corporation desire to close its affairs, they may hie G.s'.68, §35. a petition therefor in the supreme judicial court or the superior r. I'. 109, H°2. court, setting forth in substance the grounds of their applica- DISSOLUTION. 109 tion, and the court, after notice to parties interested and a hear- 7 Gray, 119, ing, may decree a dissolution of said corporation. A corpora- 9Gray,34. tion so dissolved shall be held to be extinct in all respects as if 99 Mass.' 267." its corporate existence had expired by its own limitation. 119 Mass. 447. Section 227. Every railroad corporation whose charter ex- Continuation pires by its own limitation or is annulled by forfeiture or to r c iose e C on- rs otherwise, or whose corporate existence for other purposes is i8i 1 . 155, L56, 157. P. S. 11-'. 15 201, 202, 203, 204. L890, 332. Et. 1.. 111. § § 255, 256. 157, 258. KID Mass. 345. 105 .Mass. 53. Wilfully stop- ping I rain. 177. P.S. 11-'. 5 205. K L. Ill, § 259. kid Mass. 345. Tampering with tools. 1882, 54, § 2. R.L. 111,5261. with the intent to obstruct, the passing of an engine or car upon a railroad, or wilfully endangers, or aids or abets in endanger- ing, or wilfully does or causes to be done anything with the intent to endanger, the safety of persons conveyed in or upon the same, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the state prison for not more than twenty years, or by both such fine and imprison- ment, and shall for each offence forfeit to the use of the cor- poration treble the amount of damages which it has sustained thereby. Section 240. Whoever wilfully and maliciously stops a train on a railroad or causes it to be stopped for the purpose of entering, leaving or wantonly delaying the same shall be pun- ished by a fine of not more than one hundred dollars or by im- prisonment for not more than one month. Section 241. Whoever unlawfully uses, removes or tampers with any tools or appliances carried on the cars of a railroad corporation as required by section one hundred and sixty-eight shall be punished by a fine of not more than one hundred dol- lars, or by imprisonment for not more than three months, or by both such fine and imprisonment. Penalty for gaming in rail- road car. etc. 1869, 382. P. S. 99, § 4. Disorderly conduct in public conveyances. 1883, 102. Revised Laws, Chapter 214, § 2. Section 2. Whoever, in a railroad car, steamboat or other public conveyance, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall for each offence forfeit not more than fifty dollars or be imprisoned for not more than three months. If he is discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or other civil officer, and held in custody, in jail or otherwise, for not more than twenty-four hours, until complaint is made against him for such offence. Revised Laws, Chapter 212, § 35. Section 35. Whoever, in or upon a railroad carnage, steamboat or other public conveyance, is disorderly, or disturbs or annoys travellers in or upon the same by profane, obscene or indecent language, or by indecent behavior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. Revised Laws, Chapter 208, § 19. Section 19. Whoever breaks and enters, or enters in the night time without breaking, a railroad ear, with intent to commit a felony, shall be punished by imprisonment in the state prison for not more than ten 103, § 14. y ears or by a g ne f no f- more than five hundred dollars and imprison- ment in the house of correction for not more than two years. Breaking and entering rail- road car, etc. 1874, 70; 372, § 158 ACCIDENTS. Liability to town for per- sonal injury. 1874, 372. § 160 P.S. 112, §209 Section 242. If, upon the trial of an action against a city or town, the plaintiff recovers damages for an injury to his t person or property which was caused by reason of a defect in a r.l'.iii,§264. highway, within the location of a railroad, and if the corpora- tion which owns the railroad is liable for such damages, and 1126 1908. Chapter 495. An Act relative to the Use of Torpedoes and Other Explosives by Kailroad and Railway Corporations. Section 1. It shall be unlawful for a railroad or railway corpora- Marking of . torpedoes, etc. tion and for any officer or employee thereof to use or deposit a torpedo or other explosive upon or near the tracks of any railroad or railway for the purpose of signalling or otherwise, unless there is plainly and conspicuously stamped or otherwise permanently marked thereon in a manner approved by the board of railroad commissioners a word or words indicating that such torpedo or other explosive is dangerous. Section 2. This act shall take effect on the first day of October in the year nineteen hundred and eight. [Approved May 5, 1908. ACCIDENTS. 113 has had reasonable notice to defend the action, the city or town may recover snch damages and the costs of both plaintiff and defendant in the action from the corporation. Section 243. If an engineer, fireman or other agent of a Penalty on railroad corporation is guilty of negligence whereby an injury fof'n^gHgence. is done to a person or corporation, he shall be punished by a g.s.'63, 6 § 95.' fine of not more than one thousand dollars, or by imprison- g 8 /^ 372, ment for not more than twelve months. r.l.iii,§265. p.s.ii2,§ 210. Section 244. Whoever, having the management of or con for gross trol of a railroad train while being used for the common car- management n • ■ i , i" t • i j_ - of trains. nage of persons, is guilty of gross negligence in or 111 relation 1853,418. to the management or control thereof, shall be punished by a 18*74,^72! 96 ' fine of not more than five thousand dollars or by imprisonment |». 1 g. 2 ii2, § 211. for not more than three years. r.l.ih,§266. Section 245. If a person is injured in his person or prop- Liability for erty by collision with the engines or cars of a railroad corpora- case of coi- tion at a crossing such as is described in section one hundred crossin^fetcf and forty-seven, and it appears that the corporation neglected IIt^ItI', to give the signals required by said section, and that such neg- f 8 g^ 19 9 i lect contributed to the injury, the corporation shall be liable |§ | '^-A 213 for all damages caused by the collision, or to a fine recoverable f^j^' § 3 2 7 6 , 8 - by indictment as provided in section sixty-three of Part I, or, 125 Mass. 64. ./,, ,.» j. l . . , . , / , ',/ 129 Mass. 440. if the hie 01 a person so injured is lost, to damages recoverable 133 Mass. 383, in an action of tort, as provided in said section, unless it is 145'Mass. 286. shown that, in addition to a mere want of ordinary care, the 154 Mass! 402! person injured or the person who had charge of his person or \H j^; f^; property was, at the time of the collision, guilty of gross or J|| Mass. 9S^ wilful negligence, or was acting in violation of the law, and i|6 Mass. 474. that such gross or wilful negligence or unlawful act contributed 188 Mass. 127, to the injury. Revised Laws, Chapter 51, § 22. Section 22. A defendant shall not avail himself in defence of any Correction of omission to state in such notice the time, place or cause of the injury not f£ e g Ve or damage, unless, within five days after receipt of a notice, given Jg^j^gg^si within the time required by law and by an authorized person referring to the injuries sustained and claiming damages therefor, the person receiving such notice, or some person in his behalf, notifies in writing the person injured, his executor or administrator, or the person giving or serving such notice in his behalf, that his notice is insufficient and requests forthwith a written notice in compliance with law. If the person authorized to give such notice, within five days after the receipt of such request, gives a written notice complying with the law as to the time, place and cause of the injury or damage, such notice shall have the effect of the original notice, and shall be considered a part thereof. Section 2-1 G. A railroad corporation shall not be liable to Non-liability any person for personal injuries which may be caused by the expressmen, acts or omissions of any persons or companies who do an ox- r.l.'iii,'§269. press business over its mil road or of their servants or agents. sS^Lvro.ts. Section 247. Every railroad corporation shall be liable in Loss by fire d. •*■ , , .. , . , caused by amages to a person or corporation whose buildings or other engine. property may be injured by fire communicated by its locomo- §§9,'io. ' 114 ACCIDENTS. g 84 s'63 5 '§ § ioi ti ve engines, and shall have an insurable interest in the prop- L87i' "'m' \'H' . 1 sfii2 f §83. not be required to make such returns, if, when requested by the it. l. 111, §86. i essee? the lessor furnishes all the information in its possession needed to make such returns ; but if a railroad in this common- wealth is leased to a lessee in another state, the lessors in this commonwealth shall make the annual return. RAILROADS FOR PRIVATE USE. Railroads for Sectiox 251. A person or corporation may construct a rail- private use. -t • « « • 1I7I' IP' roac *- f° r P r i vate llse i n tne transportation of freight; but shall §§ 175, 176. not take or use lands or other property therefor without the §§223, 224. _ consent of the owner thereof. No such railroad shall be con- 156 Mass. 159.' neeted with the railroad of another corporation without its con- ns Mass. 363. s( ^ t . nQr ^jj j f j^ cons t rvtc ted across or upon a highway, town way or travelled place without the consent of the board of aldermen of the city or selectmen of the town, nor except in a place and manner approved by them. If the board of aldermen or selectmen consent, they shall from time to time make such regulations relative to motive power, rate of speed, and time and manner of using the railroad over and upon such way or travelled place, as in their judgment the public safety and con- venience require, and they may order such changes to be made in the track as are rendered necessary by the alteration or re- pair of such way. If they allow steam power to be used on such railroad, the provisions of this act relative to the crossing of ways and travelled places by railroad corporations shall apply CORPORATIONS TO CONSTRUCT RAILROADS, ETC. 117 to such railroad, and to the person or corporation constructing or operating the same. Section 252. If the consent of the board of railroad com- Regulation of missioners is required for the crossing of a way or travelled i89o!^2. place by a railroad for private use, it may limit the number of R - L - 111 -§ 280 - tracks, and may impose other conditions relative to the use of the crossing by said railroad, and may modify such limitations and conditions. CORPORATIONS TO CONSTRUCT RAILROADS IN FOREIGN COUN- TRIES. Section 25-3. Fifteen or more persons, a majority of whom corporation to are inhabitants of this commonwealth, may associate themselves roadshffor? 1 by a written agreement of association, with the intention of i^to.^tS'm' forming a corporation to construct and operate a railroad, or r f; iif' f fii' railroad and telegraph, in any foreign country, but in accord- ance with the laws of such country ; and, upon complying with the provisions of section two hundred and fifty-five, shall, with their associates and successors, be a corporation for the purpose aforesaid, with the powers necessary and incident thereto, and with such powers and privileges, and subject to such duties, liabilities and restrictions, as to the location, construction, main- tenance and operation of its railroad, or railroad and telegraph, and the transfer of its property by mortgage, lease or otherwise as may be fixed by such country. Section 254. The agreement of association shall state: — Agreement of (a) That the subscribers thereto associate themselves with the i8797274, n § 2. intention of forming a railroad corporation, or a railroad and R.L.iii'.fisi*. telegraph corporation. (b) The corporate name assumed. (c) The termini of the railroad, or the railroad and the tele- graph. (d) The total amount of the capital stock of the corpora- tion. (e) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription, unless a corporation is chartered. Section 255. When it is shown to the satisfaction of the Certificate of board of railroad commissioners that the requirements of the withrequire- two preceding sections have been complied with, the clerk of 1879, 274, § * said board, upon its order, shall annex to the agreement of r.l.iii', 1 28s! association a certificate setting forth that fact. The directors shall thereupon file the agreement of association and certificate in the office of the secretary of the commonwealth, who, upon the payment to him of a fee of fifty dollars, shall receive and preserve the same in form convenient for reference and open to 118 CORPORATIONS TO CONSTRUCT RAILROADS, ETC. Form of certificate. public inspection ; and shall thereupon issue a certificate of in- corporation substantially in the following form: — Commonwealth of Massachusetts. Be it known, that whereas [names of the subscribers to the agreement of association] have associated themselves with the intention of forming a corporation, under the name of the [name of the corporation], for the purpose of locating*, constructing, maintaining and operating a rail- road [or railroad and telegraph] [description of the railroad or railroad and telegraph as in the agreement of association], and have complied with the statutes of this commonwealth in such cases made and pro- vided: Now, therefore, I, , secretary of the commonwealth of Massachusetts, do hereby certify that the persons aforesaid, their associates and successors, are legally established as a corporation, under the name of the [name of the corporation], with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the general laws applicable to such corpo- rations. In witness whereof, I have hereunto subscribed my official signature, and affixed the Great Seal of said commonwealth, this day of , in the year [day, month and year]. Increase or reduction of The secretary of the commonwealth shall sign the certificate of incorporation and cause the Great Seal of the commonwealth to be thereto affixed, and such certificate shall have the force and effect of a special charter. The secretary of the common- wealth shall also cause a record of the certificate of incorpora- tion to be made, and such certificate, or such record, or a certified copy thereof, shall be conclusive evidence of the exist- ence of such corporation. Section 256. The corporation may from time to time, at a 5£%^74°j; k 4 meeting of directors called for the purpose, reduce the amount P-S.'ii2,|228. of the capital stock, or increase it for the purpose of con- 1904, 169, § l." structing and equipping its railroad and extensions or branches thereof. If such increase or reduction is made, a certificate of the fact, signed by the president of the corporation, shall, within thirty days thereafter, be filed in the office of the secre- tary of the commonwealth. Such corporation may, by vote at a meeting of its directors, purchase, acquire or lease the prop- erty, stocks, bonds or securities of any railroad corporation whose line is located in the foreign country named in the original agreement of association of such corporation or any amendment thereof made as hereinafter provided, or of any steamship company associated in transportation or business with such corporation, upon such terms and for such consideration as shall be determined by such vote, and in like manner may appoint an executive committee from the members of its board, and delegate to such committee such power and authority as by such vote shall be provided, and in like manner may divide the directors into classes as nearly equal as possible for the pre- scribed number of classes, and prescribe the tenure of office of the several classes, but no class shall be elected for a shorter CORPORATIONS TO CONSTRUCT RAILROADS, ETC. 119 period than one year or for a longer period than five years, and the term of office of at least one class shall expire at the next annual meeting and thereafter at the end of each year, and at each annual meeting after such division directors shall be elected only to fill the place of those whose term of office shall then expire as so provided and shall hold office for the period so prescribed, and all directors shall hold office until their suc- cessors are chosen and qualified ; and such corporation may, by vote at an annual or a special meeting of its stockholders, called for the purpose, amend its agreement of association to provide for constructing and operating a railroad in any other foreign country or countries in accordance with the laws of such country or countries, and shall file such amendment in the office of the secretary of the commonwealth and pay him a fee of fifty dol- lars, and thereupon such corporation shall have the same powers and privileges, and be subject to the same duties, liabilities and restrictions, in all respects, as if its agreement of association had originally contained such amendment. Section 257. Such corporation shall be subject to the pro- statutes gov- visions of sections twenty-nine to forty-one, inclusive, forty- corporation. • 1S7Q '^74- three to forty-five, inclusive, and of section fifty-eight, except as §§ 5,' 6. othervvise provided herein. 1904, i69,§2. 139 Mass. 562. R.L.m.fll: Revised Laws, Chapter 14, § 52. TAXATION OF CORPORATIONS FORMED TO CONSTRUCT RAILROADS IN FOREIGN COUNTRIES. Section 52. A corporation formed under the general laws of the Return and tax commonwealth to construct railroads, or railroads and telegraphs, in °f cn ° r t P ocon- foreian countries shall for the purposes of taxation be subject to the struct rail- „ . j> • i n roa o- s ln provisions of section forty-nine, except that the rate oi taxation shall foreign coun- be one-twentieth of one per cent per annum upon the par value of the 1879, 274, § 6. capital stock, divided into semi-annual payments as provided in said j^- ^^ 46 - section ; but no other provisions of this chapter relative to the assess- 139 Mass. 559. ment of taxes upon corporations or the shareholders therein shall apply thereto. Such corporation shall annually, between the first and tenth days of May, make a return to the tax commissioner, under the oath of its treasurer, of all its shareholders, their residences, the number of shares belonging to each on the first day of May, the amount of its capital stock and the par value and market value of the shares on said first day of May. Section 258. Chapter one hundred and eleven of the Tie- Repeal, vised Laws, except section one hundred and fifty-eight thereof, | t68, see 'page's section thirteen of chapter five hundred and forty-four of the 19 ' s0/i acts of the year nineteen hundred and two, chapters fifty-nine and one hundred and sixty-nine of the acts of the year nineteen hundred and four, chapters two hundred and eight and two hundred and ten of the ads of the year nineteen hundred and five, and chapter two hundred and eighty-three of the acts of the year nineteen hundred and six, and, so far only as they apply to railroads or railroad corporations, their officers, agents 120 CORPORATIONS TO CONSTRUCT RAILROADS, ETC. or employees, sections thirty-seven, thirty-eight, thirty-nine, forty, forty-two, sixty-one and sixty-two of chapter fourteen of the Revised Laws, sections nine, ten, eleven, fifteen, seventeen, twenty, twenty-one, twenty-four, twenty-five, twenty-seven, twenty-eight, thirty, thirty-one, thirty-two, thirty-three, thirty- four, thirty-five, forty, fifty-two, fifty-three, fifty-four, fifty- five, fifty-six and fifty-seven of chapter one hundred and nine of the Revised Laws, section nineteen of chapter one hundred and ten of the Revised Laws and chapter four hundred and twenty-three of the acts of the year nineteen hundred and three are hereby repealed. how 'construed, Section 259. The provisions of this act, so far as they are the same as those of existing statutes, shall be construed as a continuation thereof, and not as new enactments, and a reference in a statute which has not been repealed to provisions of law which have been wholly or partially revised and re-enacted herein shall be construed as applying to such provisions as so ali^pending incorporated in this act. The repeal of a law by this act shall actions, etc. no t affect any act done, ratified or confirmed, or any right ac- crued or established, or any action, suit or proceeding com- menced under any of the laws repealed before the repeal took effect, or any action, suit or proceeding pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the laws repealed ; but the proceedings shall, when necessary, conform to the pro- visions of this act. Any provision of this act by which a pun- ishment, penalty or forfeiture is mitigated may be extended and applied to any judgment pronounced after said repeal. MATTERS OF CONSTRUCTION. 121 Part III. OF STREET RAILWAY COMPANIES. Section 1. Matters of construction. 2. Companies subject to the provisions of the chapter. 3-9. Formation. 10-11. Organization. 12-13. Officers. 14-20. Meetings. 21-29. Capital 6tock. 30-41. Corporate powers. 42-50. Land. 51-57. Lease or sale of railway. 58. Issue of securities by foreign cor- porations. 59-63. Gae and electricity. 64. Extension of location. 65. Alteration of location. 66. Revocation of location. 67-69. Street or highway widening. 70-72. State highways. Section 73-95. Operation. 96-102. Fares and accommodations. 103. Increase of capital stock and issue of bonds. 104. Reduction of capital stock. 105-106. Stock and scrip dividends. 107-112. Issue of capital stock, bonds, coupon notes and other evidences of in- debtedness. 113-116. Railroad crossings. 117-121. Liens for labor and materials. 122-124. Change of name. 125-137. Taxation. 138-143. Dissolution. 144-146. Sale by receivers. 147-150. Savings banks. 151-155. Books, returns and reports. 156-157. Additional remedies. MATTERS OF CONSTRUCTION. Definitions. 1874, 372, 5 2. P. S. 112. § 1. 1892, 110. 1898, 57N, 5 1. Section 1. In this act, unless the context otherwise re- quires : " Street railway " or " railway " means a railroad or rail- way, including poles, wires or other appliances and equipment 19 " 3 m£ss.'308 connected therewith, of the class operated by motive power other than steam, and usually constructed upon the public ways and places. " Location " as applied to a street railway, moans the grant to a street railway company of the right to construct, maintain and operate a street railway in a public way or place " Original ", as applied to a street railway location in a city or town, means the first location granted to the company in such city or town. " Extension " means any railway constructed by a street railway company in a city or town in addition to that author- ized by its original location therein. "Board of aldermen", or "selectmen", includes the board or other authority exercising the powers of a board of aldermen or of selectmen ; but nothing herein shall be construed as affect- ing the veto power of a mayor of any city. " Public way" means any way laid out by public authority. Section 2. Street railway companies shall be subject to Companies the provisions of Parts I and III. Companies which have been provlsfo! specially chartered shall continue to exercise and enjoy the W64.229f r " powers and privileges granted and be subject to all the Habile lO- ( ; ^ 1 ties imposed by their respective charters, except as modified and || ^ ||- . } controlled by any act in amendment thereof or by the provisions P.S. iiai, § i. of this act. All street railway companies whether organized 8§i.'28.' under general or special laws shall be subject to any other gen- r.l!ii2;§ l ] 2 Allen, 262. 122 FORMATION. Formation of street railway company. 1874, 29, § 1. P. S. 113, § 2. Agreement of association. 1863, 100. 1864, 229, § 21. 1871, 381, §27. 1874 29, §§ 2, 3, 4, 7. 1877, 105. P. S. 113, §§ 3,4. R. L. 109, § 8. R. L. 112, §§ 3,4,5. 1905, 80. Clerk and treasurer; vacancies. 1874, 29, § 4. P. S. 113, § 5. R. L. 112, § 5. Publication of agreement of association. 1874, 29, § 5. P. S. 113, § 6. R. L. 112, § 6. eral laws applicable thereto. All provisions of law which may be in force at the time of the enactment hereof and are appli- cable to the Boston Elevated Railway Company or to companies whose railways were, on the first day of October in the year eighteen hundred and ninety-eight, leased or operated by it, shall remain in full force and effect in respect of said company and companies. FORMATION. Section 3. Fifteen or more persons may associate them- selves by a written agreement of association with the intention of forming a street railway company. R. l. 112, §3. 190 Mass. 530. Section 4. The agreement of association shall state: (a) That the subscribers thereto associate themselves with the intention of forming a street railway company. (6) The corporate name assumed, which shall be one not in use by any other street railway company in this commonwealth, or, in the judgment of the board of railroad commissioners, so similar thereto as to be likely to be mistaken for it, and which shall contain the words, " street railway company ", at the end thereof. (c) The termini of the railway. (d) The length of the railway, as nearly as may be. (e) The name of each county, city and town in which the railway is to be located. (/*) The gauge of the railway, which shall be four feet eight and one half inches. (g) The total amount of the capital stock of the company, which shall be not less than ten thousand dollars for each mile, unless the railway is to be wholly outside of a city, in which case said stock shall be not less than five thousand dollars for each mile. (h) The par value of the shares, which shall be one hundred dollars. (0 The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take ; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless a company is incorporated. Section 5. The directors shall appoint a clerk and a treas- urer who shall hold their respective offices until a clerk and a treasurer of the company are chosen and qualified in their stead. The directors shall fill any vacancy in their board, or in the office of clerk or treasurer, before the organization of the com- pany. Section 6. The directors, before applying for locations for a railway, shall cause a copy of the agreement of association to be published in a newspaper, if any, published in each of the cities and towns in which the railway is to be located, and, if, 122b 1908. Chapter 2(56. An Act relative to Temporary Locations for Street Railways. Section 1. If a bridge upon which a street railway company is au- Temporary thorized to lay and use tracks is being or is to be altered, rebuilt, street°rail- 0r improved or repaired, the board of aldermen of a city or the select- wava - men of a town upon the petition of the president or a majority of the directors of such street railway company may grant a temporary loca- tion for the extension of the tracks of such company in any streets or highways in such city or town so as to provide such connection between the existing tracks of such street railway company upon either side of such bridge as will prevent any interruption of proper trans- portation facilities by reason of such alteration, improvement, rebuild- ing or repair, and may prescribe how said tracks shall be laid and the kind of rails, poles, wires and other appliances to be used. Section 2. A street railway company whose petition for such tern- Applications porary location has been refused in whole or in part, or has been neither r aifroad d com- granted nor refused, within fourteen days after the filing thereof, may missioners. apply to the board of railroad commissioners for such temporary loca- tion. If it shall appear to the board of railroad commissioners that public necessity and convenience require such temporally location, the board may enter a decree granting the same. In granting the location the board may prescribe the use of such appliances and impose such conditions and obligations as seem to them proper. Section 3. The temporary location herein provided for, if granted Location not by municipal authority, shall not be valid unless the board files with the va l un ess ' clerk of the city or town concerned a certificate that the granting of the location is consistent with the public interest; and in no case shall the location be valid unless within thirty days after the filing of the said certificate, or after the entering of a decree by the said board, a majority of the directors of the company shall file with the said board a written acceptance of the location. Section 4. A street railway company which is granted such tempo- Limit of rary location for the extension of its tracks shall not maintain such onocatb" 8 . 6 tracks nor operate cars over the same beyond the period during which the operation of its cars over such bridge is interrupted by reason of such alteration, improvement, rebuilding or repair, and at the end of such period shall remove its tracks from the streets or highways upon and over which such temporary location has been granted. Section 5. If such bridge is altered, rebuilt, improved or repaired Expense of '. _ construction of under the provisions ot sections twenty-three, twenty-tour, twenty-five, tracks to be twenty-six, twenty-seven and twenty-eight of Part I of chapter four a PP° rtlone • hundred and sixty-three of the ads of the year nineteen hundred and six, the cost of the construction oC the tracks of the street railway com- pany upon and over such temporary location shall be reckoned as a part of the charges and expenses of the alteration, improvement or repair of the crossing, to be apportioned by the special commission as provided thereunder. [Approved March 24, 1908. 122c 1906, 463, part III, § amended. Locations of street railway companies. Proviso. 1909. Chapter 417, $ 1. An Act relative to Locations of Street Railway Companies. Section 1. Section seven of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out the words " by the president or a majority of the directors ", in the second and third lines, and inserting in place thereof the words : — executed in accordance with the by-laws or a vote of the directors, — by striking out the word " thirty ", in the forty- second line, and inserting in place thereof the word : — sixty, — by striking out the words " a majority of the directors ", in the forty- fourth line, and inserting in place thereof the word : — it, — and by inserting after the word " location ", in the forty-fifth line, the words : — executed in accordance with its by-laws or a vote of its directors, — ■ so as to read as follows : — Section 7. The board of aldermen of a city or the selectmen of a town, upon the petition executed in accord- ance with the by-laws or a vote of the directors of a street railway company organized or in process of organization under the provisions of this act, or organized under a special act, for an original location of tracks in such city or town, shall give fourteen days' notice of the time and place for a hearing on such petition by publication thereof in one or more newspapers, if any, published in said city or town; otherwise, in such newspaper or newspapers published in the county in which the city or town is situated as shall be designated by the board of aldermen or the selectmen of such city or town ; and if, after a hear- ing, they are of opinion that public necessity and convenience so re- quire, they may grant said location, or any portion thereof, and may prescribe how the tracks shall be laid, and the kind of rails, poles, wires and other appliances which shall be used, and, in addition to the gen- eral provisions of law governing such companies, and in respect of matters not treated of in such provisions, impose such other terms, conditions and obligations, incidental to and not inconsistent with the objects of a street railway company, as the public interests may in their judgment require; but no such location shall be valid, until the board of railroad commissioners, after public notice and a hearing, shall certify that such location is consistent with the public interests. If the board of railroad commissioners requires an alteration in such location before certifying that the same is consistent with the public interests, said board shall notify the board of aldermen or selectmen granting such location of such alteration ; and thereafter said board of aldei'men or selectmen may amend such location in accordance with such alteration : provided, that, if such alteration involves a change in the route of the railway, public notice and a hearing shall be given as hereinbefore provided in the case of an original application for a loca- tion ; and thereafter the board of railroad commissioners may, as a part of the original proceedings before it, certify that such location so amended is consistent with the public interests. A location so certified to be consistent with the public interests, shall be the true location, if, within sixty days after the issue of notice of said certification to the company, it shall file a written acceptance of such location, executed in accordance with its by-laws or a vote of its directors, with the board of aldermen or selectmen. A location granted bv a board of alder- men or selectmen, but refused certification hereunder by the board of railroad commissioners, or not accepted as hereinbefore provided, shall 122d be void. Such location shall also be void, if the certificate of incor- poration of the street railway company is not issued, and its organi- zation is not completed, within eighteen months after said issue of said notice, of said certification, or if application for said certification is not made to the board of railroad commissioners within thirty days after the grant of said location by the board of aldermen or selectmen. If in any city or town the original location of a street railway com- pany expires, is revoked, or otherwise becomes void, the provisions of this section shall apply to a new petition for an original location therein. All locations which were granted or in use before the first day of October in the year eighteen hundred and ninety-eight are rati- fied and confirmed as if they bad been accepted under the provisions of this section, and shall continue in force, subject only to revocation as provided in section sixty-six, and to the general provisions of law governing such companies. FORMATION. 123 in any county, a newspaper is published in none of said cities and towns therein, in such newspaper published in said county as shall be designated by the board of railroad commissioners, at least once in each of three successive weeks ; and the sworn certificate of the clerk shall be conclusive evidence of such publi- cation. Section" 7. The board of aldermen of a city or the select- location . , . . , •■ . -■ '' . . l»o4, 229, § 14. men oi a town, upon the petition by the president, or a majority i|7i,38i, § u. of the directors, of a street railway company organized or in p. s.'ii3, §7. process of organization under the provisions of this act, or or- r.l!h2|§7.' ganized under a special act, for an original location of tracks 3JJ9 2 ' 395 ' 396 ' in such city or town, shall give fourteen days' notice of the ^5 $^1'. Hi'. time and place for a hearing on such petition by publication \l? y ^^- 1^ 9 - thereof in one or more newspapers, if any, published in said J|| Mass. 294. city or town ; otherwise, in such newspaper or newspapers pub- 188 Mass. iso. lished in the county in which the city or town is situated as 192' Mass. 106. shall be designated by the board of aldermen or the selectmen 392,4'89.'] of such city or town ; and if, after a hearing, they are of opinion 25?is9G\]' ay that public necessity and convenience so require, they may ffjf.'/g. 53, grant said location, or any portion thereof, and may prescribe r l IsVu 9 ' how the tracks shall be laid, and the kind of rails, poles, wires and other appliances which shall be used, and, in addition to the general provisions of law governing such companies, and in respect of matters not treated of in such provisions, impose such other terms, conditions and obligations, incidental to and not inconsistent with the objects of a street railway company, as the public interests may in their judgment require; but no such location shall be valid, until the board of railroad com- missioners, after public notice and a hearing, shall certify that such location is consistent with the public interests.* If the board of railroad commissioners requires an altera- tion in such location before certifying that the same is con- sistent with the public interests, said board shall notify the board of aldermen or selectmen granting such location of such alteration ; and thereafter said board of aldermen or selectmen may amend such location in accordance with such alteration: provided, that, if such alteration involves a change in the route of the railway, public notice and a hearing shall be given * Tn acting under the provisions of chapter 3!)'.) of flip Acts of 1902, now 1;i0(;, 4fi3, part TIT, § 7, the; Board of Railroad Commissioners makes the following requirements a condition of approval of locations granted to street railway companies: — Every location must be accompanied bya plan showing the place in the highway to be occupied by the railway, including turnouts, and by trolley poles. The plan should also give grades and street lines and such other information as may be practicable. The following conditions should be attached to grants of location : — 1. Tee rails to be not less than sixty (60) pounds per \ ard in weight. 2. Ties to be of suitable timber not' less than seven (7) feet in length, six (6) inches thick, With six (0) inches face, and spaced not more than two (-) feet on centres. 8. The roadbed to be constructed with at least eighteen (18) inches of suitable ballast he- low base of rail, and properly drained. 4. The railway to be continuously on one side or in the centre of the driveway when cir- cumstances permit, and wherever practicable to be separated from the driveway, in all cases the clearance from rail to any obstruction to be at Least four and one-half (4%) feet on tangents and more in proportion on curves. 5. The roadway independent of the raMway to be of sufficient width to properly accom- modate other travel. 6. Crossings of railway from one side to the other of the highway to be avoided, but if permitted, only with provision for proper regulation respecting the operation of cars and re-ii fiction of speed. These requirements are not to exclude other suitable conditions and restrictions by local boards ur by this board as the circumstances in particular cases may require. 124 FORMATION. as hereinbefore provided in the case of an original application for a location; and thereafter the board of railroad commis- sioners may, as a part of the original proceedings before it, certify that such location so amended is consistent with the public interests. A location so certified to be consistent with the public interests, shall be the true location, if, within thirty days after the issue of notice of said certification to the com- pany, a majority of the directors shall file a written acceptance of such location with the board of aldermen or selectmen. A location granted by a board of aldermen or selectmen, but refused certification hereunder by the board of railroad com- missioners, or not accepted as hereinbefore provided, shall be void. Such location shall also be void, if the certificate of incorporation of the street railway company is not issued, and its organization is not completed, within eighteen months after said issue of said notice of said certification, or if application for said certification is not made to the board of railroad com- missioners within thirty days after the grant of said location by the board of aldermen or selectmen. If in any city or town the original location of a street railway company expires, is revoked, or otherwise becomes void, the provisions of this sec- tion shall apply to a new petition for an original location therein. All locations which were granted or in use before the first day of October in the year eighteen hundred and ninety- eight are ratified and confirmed as if they had been accepted under the provisions of this section, and shall continue in force, subject only to revocation as provided in section sixty-six, and to the general provisions of law governing such companies. Streets, etc., not to be laid out over a common, etc. 1875, 163, § 1. P. S. 54, § 13. 166 Mass. 366. Taking of lands of a public institu- tion regulated. 1875, 163, § 3. P. S. 54, § 15. Making road, etc., through burial ground. 1834, 187, § 1. R. S. 24, §§ 59, 60; 30, § 21. G. S. 165, § 40. P. S. 207, § 51. Revised Laws, Chapter 53, §§ 17, 19. Section 17. No highway, town way, street, turnpike, canal, rail- road or street railway shall be laid out or constructed over a common or park dedicated to the use of the public, or appropriated to such use without interruption for a period of twenty years; nor shall any part of such common or park be taken for widening or altering a high- way, town way or street, except with the consent of the inhabitants of the city or town, after public notice, given in the manner provided in cases of the location and alteration of highways, stating the extent and limits of the portion thereof proposed to be taken. Such consent shall be expressed by vote of the inhabitants, if ten or more voters file a request in writing to that effect with the selectmen or the mayor and aldermen within thirty days after the publication of the notice; in the absence of such 'request, consent shall be presumed. Section 19. Land of a public institution belonging to the common- wealth shall not be taken for a highway, town way, street, turnpike, canal, railroad or street railway without leave of the general court. Revised Laws, Chapter 212, § 69. Section 69. Whoever lays out, ope,ns, or makes a highway or town way, or constructs a railroad or canal, or any other thing in the nature of a public easement, over, through, in or upon any part of an en- closure, which is the property of a city, town, parish, religious society or of private proprietors and is used or appropriated for the burial 12ib 1908. Chapter 301. An Act to authorize the Metropolitan Park Commission to grant Locations to Electric Railroad Companies. Section 1. Section one of chapter four hundred and thirteen of the 1900, 413, acts of the year nineteen hundred is hereby amended by inserting after If amended? 11 the word " railways ", in the third line, the words : — or electric rail- roads, — so as to read as follows: — Section 1. The board of metro- Metropolitan politan park commissioners shall have authority to grant locations, as ^onera'may 8 " provided herein, to street railways or electric railroads within the roads, s ran t locations c .... . to street rail- boulevards, parks and reservations in its care and control. ways or electric Section 2. Section two of said chapter is hereby amended by in- serting after the word " company ", in the second line, the words : — or of an electric railroad company, — and by striking out the word " railroad ", in the twenty-first line, so as to read as follows : — Sec- To give notice tion 2. Said board, upon petition of the directors of a street railway p^acefor hear- company, or of an electric railroad company, or of a majority thereof, m s- etc - for such location, shall give notice to all parties interested of the time and place at which the board will give a hearing upon such petition, at least fourteen days before the hearing, by publication in one or more newspapers published in each city or town in which the location petitioned for would lie, and if none such is published then by publi- cation in one or more newspapers published in each county in which the location petitioned for would lie; and after hearing, if in the opinion of the board public convenience and necessity so require, it may grant such location, or any part thereof, upon such terms, con- ditions and obligations, and for such compensation, as the public in- terest and a due regard for the rights of the commonwealth may require: provided, that nothing herein contained shall authorize the Proviso, said board to grant a location for poles and overhead wires in any road, boulevard, park or parkway, without the approval of the gov- ernor and council. Such locations shall be void unless accepted in writing by the directors of such company, or by a majority thereof, within thirty days after receiving notice thereof. Section 3. Section three of said chapter is hereby amended by strik- ing out the word " railroad ", in the seventh line, and inserting in place thereof the word : — such, — so as to read as follows : — Sec- Locations lion 3. Said board may by order alter, extend or revoke any location ^nde^oT granted by it whenever in its opinion the public interest or the rights revoked, etc. of the commonwealth so require : provided, however, that before so Provisos, doing notice and hearing shall be given to the company and all persons interested, as provided in section two of this act; and provided, fur- ther, that any such company or any persons interested in any such order may appeal therefrom to the governor and council, within four- teen days after the filing of a copy of such order as hereinafter pro- vided. Section 4. Section four of said chapter is hereby amended by in- serting after the word "railway", in the third line, the words: — or electric railroad, — so as to read as follows: — Section 1. Said board, Copy of order . . . to permit loca- willim fourteen days after making any order which operates to per- Hon, etc, to mit a use or location hereunder to any street railway or electric rail- with clerk of road, or an extension, alteration or revocation of a use or location city or town. previously granted, shall deposit a copy of such order in the office of the clerk of the city or town within which the location or use is 124c permitted, altered, extended or revoked, and the clerk of that city or town shall receive and record the same. Section 5. Section six of said chapter is hereby amended by in- serting after the woi'd " railway ", in the first line, the words : — or Certain pro- electric railroad, — so as to read as follows: — Section 6. All street toapply, eto! railway or electric railroad companies operating hereunder shall remain subject to the duties and liabilities imposed by other provisions of law not inconsistent herewith, and shall have the powers, duties and rights herein authorized, all of which shall be in addition to and in amendment of any charter or special provision of law or of the general laws under which they are organized. Section 6. This act shall take effect upon its passage. [Approved March 27, 1908. FORMATION. 125 of the dead, unless authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year. Revised Laws, Chapter 28, § 11. Section 11. Land taken for or held as a park by cities and towns Parks to be under the provisions of this chapter shall be forever kept open and 1882? 154, § 10. maintained as public parks ; but, except in parks in the city of Boston 1893 > 75 - and in parks comprising- less than one hundred acres in extent, structures for shelter, refreshment and other purposes may be erected of such material and in such places as, in the opinion of the fire commissioners, if any, do not endanger buildings beyond the limits of such park; and the provisions of section twenty of chapter fifty-three shall not apply to such building's. No street or way and no steam railroad or street railway shall be laid out over any portion of such park except in places and hi the manner approved by the board of park commissioners. Revised Laws, Chapter 10, § 20. Section 20. The land now taken by the commonwealth about the Land around state house shall remain an open space, and no railroad or railway remainopen. shall be constructed or operated in, upon or over the same. A grant 1894 - 532 > 6 - made to a railroad or railway corporation shall not be construed to include any portion of said land. Acts of 1900, Chapter 413. An Act to authorize the Board of Metropolitan Park Commissioners to grant Locations to Street Railway Companies. Section 1. The board of meti'opolitan park commissioners shall have Metropolitan authority to grant locations, as provided herein, to street railways ^onerTmay 5 ' within the roads, boulevards, parks and reservations in its care and |^ tlo {^Ji{ na Control. ways. Section 2. Said board, upon petition of the directors of a street To give notice r> ... „ , . in- °' time and railway company, or of a majority thereof, for such location, shall give place of near- notice to all parties interested of the time and place at which the ing ' e c ' board will give a hearing upon such petition, at least fourteen days before the hearing, by publication in one or more newspapers published in each city or town in which the location petitioned for would lie, and if none such is published then by publication in one or more newspapers published in each county in which the location petitioned for would lie; and after hearing, if in the opinion of the board public convenience and necessity so require, it may grant such location, or any part thereof, upon such terms, conditions and obligations, and for such compensation, as the public interest and a due regard for the rights of the common- wealth may require: provided, that nothing herein contained shall Proviso, authorize the said board to grant a location for poles and overhead wires in any road, boulevard, park or parkway, without the approval of the governor and council. Such locations shall be void unless accepted in writing by the directors of such railroad company, or hy a majority thereof, within thirty days after receiving notice thereof. Skction 3. Said board may by order alter, extend or revoke any Locationsmay location granted by it whenever in its opinion the public interest or revoked, etc. ' the rights of the commonwealth so require: provided, however, that Proviso. before so doing notice and hearing shall be given to the company and all persons interested, as provided in section two of this act; and 126 FORMATION. Proviso. Copy of order to permit loca- tion, etc., to be deposited with clerk of city <>r town. Certain share of tax paid by street railway companies to be apportioned to the com- monwealth, etc. Certain provi- sions of law to apply, etc. The Wachusett mountain state reservation commission may grant locations to street railways. Hearing to be given, etc. Commission to have authority over location, etc. provided, further, that any railroad company or any persons interested in any such order may appeal therefrom to the governor and council, within fourteen days after the filing of a copy of such order as herein- after provided. Section 4. Said board, within fourteen days after making any order which operates to permit a use or location hereunder to any street railway, or an extension, alteration or revocation of a use or location previously granted, shall deposit a copy of such order in the office of the clerk of the city or town within which the location or use is permitted, altered, extended or revoked, and the clerk of that city or town shall receive and record the same. Section 5. The share of the tax paid by any street railway company operating hereunder, into the treasury of the commonwealth, which would under other provisions of law be apportioned to the city or town within which its tracks laid hereunder are situated, shall be apportioned to the commonwealth and credited by the treasurer to the sinking fund of the loan to which the expenditure for the road, boule- vard, park or reservation in which the tracks are located was charged. Section 6. All street railway companies operating hereunder shall remain subject to the duties and liabilities imposed by other provisions of law not inconsistent herewith, and shall have the powers, duties and rights herein authorized, all of which shall be in addition to and in amendment of any charter or special provision of law or of the general laws under which they are organized. Section 7. This act shall take effect upon its passage. [Approved June 27, 1900. Acts of 1901, Chapter 413. An Act to authorize the "Wachusett Mountain State Reservation Commission to grant Locations to Street Railway Companies. Section 1. The Wachusett mountain state reservation commission shall have authority to grant locations, as provided herein, to street railways within the roads, parks and reservations under its control. Section 2. Said commission, upon petition of the directors of a street railway company, or of a majority thereof, for such location, shall give a hearing thereon, notice of the time and place of which shall be given to all persons interested at least fourteen days before the hearing, by publication in one or more newspapers published in each city or town in which the location petitioned for lies, and if none such is published then by publication in one or more newspapers pub- lished in each county in which the location petitioned for lies; and after the hearing, if in the opinion of the commission public necessity and convenience so require, it may grant such location, or any part thereof, upon such terms, conditions and obligations, and for such compensa- tion, as the public interest and a due regard for the rights of the commonwealth may require. Such locations shall be void unless accepted in writing by the directors of the railway company, or by a majority of them, within thirty days after receiving notice thereof. Section 3. Within the limits of the Wachusett mountain state reservation the Wachusett mountain state reservation commission shall have full authority over the location of any Such railway, and over the method and manner of its construction, and of its kind of motive powei*, and generally shall have such control of its operation and condition as said commission may deem reasonably necessary to insure the safety and convenience of the public. FORMATION. 127 Section 4. The share of the tax paid into the treasury of the share of tax commonwealth hy any street railway company operating hereunder Apportioned to which would under other provisions of law be apportioned to the city the common- or town within which its tracks laid hereunder are situated, shall be apportioned to the Commonwealth and credited by the treasurer to the sinking fund of the loan to which the expenditure for the road, park or reservation in which the tracks are located was charged. Section 5. All street railway companies operating hereunder shall Companies to , ...... * . . . . , have certain remain subject to the duties, liabilities and restrictions imposed by powers, duties, other provisions of law not inconsistent herewith, and shall have the e c ' powers, duties and rights herein authorized, all of which shall be in addition to and in amendment of any charter or special provision of law or of the general laws under which such companies are organized. Section 6. This act shall take effect upon its passage. [Approved May 17, 1901. Section 8. When the amount of capital stock named in Presentation the agreement of association has been subscribed in good faith Cf Hsociation, by responsible persons, and ten per cent of the par value of certificates? to each share has been actually paid in cash to the treasurer, the ^dlwmmis- directors, clerk and treasurer shall annex to the agreement of fs""!^ § 9 association their certificate setting forth these facts, and that p S7 g ■ ?7|' f ?|" it is intended in good faith to locate, construct, maintain and R. l. 11T, §45. ' R L 1 1 '-* § 8 operate the railway as described in said agreement, shall annex to said agreement the certificate of publication specified in section six and the several certificates of location, and shall present the same for inspection to the board of railroad com- missioners. Section 9. When it is shown to the satisfaction of the board Certificate of , . . 1 . c i • incorporation. of railroad commissioners that the requirements of this act 1872,53,^10. preliminary to the incorporation of a company have been com- i88i! iei! plied with, and that locations have been obtained for a railway r. l. 111, 1 4e! between the termini and substantially over the route set forth RL - 112 -§ 8 - in the agreement of association, the clerk of said board, upon its order, shall annex to the agreement of association a certifi- cate stating such fact. The directors shall thereupon file the agreement of association, with all the certificates annexed thereto, including the plan, if any, required by the board of railroad commissioners, in the office of the secretary of the commonwealth ; who, upon the payment to him of a fee of fifty dollars, shall receive and preserve the same in form convenient for reference and open to public inspection ; and shall thereupon issue a certificate of incorporation substantially in the following form : — Commonwealth of Massachusetts. Be it known that whereas [names of the subscribers to the agreement S^^g of association] have associated themselves with the intent ion of forming a corporation under the name of the [name of the company], for the purpose of locating, constructing, maintaining and operating a streel railway [description of the railway as in the agreemenl of association], and have complied with the statutes of this commonwealth in such cases made and provided : Now, therefore, I, , secretary of 128 ORGANIZATION. OFFICERS. the commonwealth of Massachusetts, do hereby certify that the persons aforesaid, their associates and successors, are legally established as a corporation under the name of the [name of the company], with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in all general laws which now are or hereafter may be in force relating to street railway companies. In witness whereof, I have hereunto subscribed my official signature, and affixed the Great Seal of said commonwealth, this day of , in the year [day, month and year]. The secretary of the commonwealth shall sign the certificate of incorporation, and cause the Great Seal of the common- wealth to he thereto affixed, and such certificate shall have the force and effect of a special charter. The secretary of the commonwealth shall also cause a record of the certificate of incorporation to be made, and such certificate, or such record, or a certified copy thereof, shall be conclusive evidence of the existence of such corporation. ORGANIZATION. First meeting Section 10. Upon the issue of such certificate of incorpo- ot incorpora- r _ Jr &?« ... . ,, ration, the first meeting of the incorporators shall be called by 1872, 53, § 11. .' to . <• -i t i i • 1874, 372, § 30. a notice signed by a majority 01 the directors; and such notice i879[ 156! shall state the time, place and purposes of the meeting. A r. l. in', § 48! copy of such notice shall, seven days at least before the day isL i9os,%7, appointed for the meeting, be given to each incorporator or left § 9 - at his residence or usual place of business, or deposited in the post office, postage prepaid, and addressed to him at his resi- dence or usual place of business, and another copy thereof, and an affidavit of the clerk that the notice has been duly served, shall be recorded with the records of the company. If all of the incorporators shall in writing waive such notice and fix the time and place of the meeting, no notice shall be required. Organization^ Section 11. At such first meeting, or at any adjournment Seei908,'4S7, thereof, the incorporators shall organize by the adoption of by-laws, and by the election, by ballot, of not less than five directors. The clerk appointed by the directors under section five shall make and attest a record of the proceedings until the clerk of the company has been chosen and sworn, including a record of such choice and qualification. officers. o^ e ™; ft . „ Section 12. The business of everv company shall be man- 1871,381,12. a ged and conducted by a president, a board of not less than r'.l. 112,515. five directors, a clerk, a treasurer and such other officers and \ e n. ' such agents as the company by its by-laws shall authorize. EfecSTof 161 ' Section 13. The directors' shall be elected annually by the iIsTI'm 2 stockholders by ballot, and the president shall be elected annu- i87i! 38i! I 2'. a ]ly by and from the board of directors, and the treasurer and R. L. 112, § 15. the clerk annually by said board. Every director, unless the SeeiGos.w, ^v-laws ot h e rwise provide, shall be a stockholder. The treas- 128b [See page 128, § 13.] 1909. Chapter 417, §§ 5, 6. Section 5. Section thirteen of Part III of said chapter four hun- 1906, 463, dred and sixty-three is hereby amended by adding at the end thereof amended. the following: — -Any requirement in the general laws of action to be taken or instruments to be signed by the president, directors, or a majority of the directors, of a street railway company, relative to the grants, extensions, alterations, and revocations of location, abolition of grade crossings and rights in state highways, shall be sufficiently and legally complied with if such action is taken by a vote, or if such instrument is executed in accordance with, and by the person or per- sons designated in, a vote of the directors of such company, at a meet- ing duly and properly held, at which a quorum of the board is present, — so as to read as follows : — Section 13. The directors shall be elected ^r^ 11 of annually by the stockholders by ballot, and the president shall be elected annually by and from the board of directors, and the treasurer and the clerk annually by said board. Every director, unless the by- laws otherwise provide, shall be a stockholder. The treasurer may be required to give a bond for the faithful performance of his duty in such sum and with such sureties as the by-laws may prescribe. The clerk, who shall be a resident of this commonwealth, shall be sworn, and shall record all votes of the company in a book to be kept for that purpose. The officers of a company shall hold office for one year and until their successors are chosen and qualified. The manner of choosing or of appointing all other agents and officers and of filling all vacancies shall be prescribed by the by-laws, and, in default of provision by such by-laws, vacancies may be filled by the board of directors. Any requirement in the general laws of action to be taken or instruments to be signed by the president, directors, or a majority of the directors, of a street railway company, relative to the grants, extensions, alterations, and revocations of location, abolition of grade crossings and rights in state highways, shall be sufficiently and legally complied with if such action is taken by a vote, or if such instrument is executed in accordance with, and by the person or persons desig- nated in, a vote of the directors of such company, at a meeting duly and properly held, at which a quorum of the board is present. Section G. Sections seven, sixty-four, sixtv-fivc and seventy of Part Boston Eje- 7 J . , ', vated Railway III of said chapter four hundred and sixty-three, as amended by tins Company. act, and section sixty-six of Part III of said chapter, shall apply to the apply." Boston Elevated Railway Company in respect to the street railways ;il any time owned, leased or operated by it, and to companies whose railways were, on the first day of October in the year eighteen hundred and ninety-eight, leased or operated by it. [Approved May 20, 1909. MEETINGS. 129 urer may be required to give a bond for the faithful perform- ance of his duty in such sum and with such sureties as the by-laws may prescribe. The clerk, who shall be a resident of this commonwealth, shall be sworn, and shall record all votes of the company in a book to be kept for that purpose. Tbe officers of a company shall hold office for one year and until their successors are chosen and qualified. The manner of choosing or of appointing- all other agents and officers and of filling all vacancies shall be prescribed by the by-laws, and, in default of provision by such by-laws, vacancies may be filled by the board of directors. MEETINGS. Section 14. There shall be an annual meeting of the stock- Meetings of . ., stockholders. holders, and the time and place of holding it, and the manner 1864, 229, § 3. of conducting it, shall be fixed by the by-laws. All meetings p. s.' 113,' § 16. of stockholders shall be held in the commonwealth, and shall be see ioos~'4S7, ' called, and notice thereof given, in the manner provided in the 5 2C by-laws of the company ; or, if the by-laws make no provision therefor, shall be called by the president, and a written or printed notice, stating the place, day and hour thereof, given by the clerk, at least seven days before such meeting, to each stockholder by leaving such notice with him or at his residence or usual place of business, or by mailing it, postage prepaid, and addressed to each stockholder at his address as it appears upon the books of the company. Unless the by-laws otherwise provide, a majority in interest of all stock issued and out- standing and entitled to vote shall constitute a quorum. No- tices of all meetings of stockholders shall state the purposes for which the meetings are called. No notice of the time, place or purpose of any regular or special meeting of the stockholders shall be required if every stockholder, or his attorney thereunto authorized, by a writing which is filed wuth the records of the meeting, waives such notice. Section 15. If, by reason of the death or absence of the May be called n -> /» ,1 ,i , 1 under warrant officers 01 the company or other cause, there is no person an- of jumuv ..f thorized to call or preside at a legal meeting, or if the clerk or X s-\:" i'-V other officer refuses or neglects to call it, a justice of the peace '; f.'ef.'ft! may, upon written application of three or more of the stock- ^- s. 105, § 11. holders, issue a warrant to any one of them, directing him to Seei90S,4S7, call a meeting by giving such notice as is required by Law, and may, by the same warrant, direct him to preside at the meeting until a clerk is chosen and qualified, if no officer of the com- pany is present who is legally authorized to preside. SECTION Ki. A special meeting of the stockholders shall he Special called, and a written or printed notice thereof, stilting the time, 1876,201 place and purpose of the meeting, given, by the clerk upon \s<.\t.w" > written application of three or more stockholders who are en- .^A.,!,!^ - ^, 6 ' titled to vote, and who hold at least one tenth part in interest 5**- of the capital stock. 130 CAPITAL STOCK. Voting rights of company upon its own stock. — of stock- holders; proxies. 1864, 229, §§ 4,5. L871, 381, 1' S 113, §§ 11. L2 1889, 210. — of fiduciary stockholders. L829, r:.',, S 12. 1S38, 98, j 2. Meetings of directors. See 190S, 437, § 26. Section 1 7. A company shall not directly or indirectly vote upon any share of its own stock. R. L. 112, § 17. See 1903, 437, § 23. Si ction 18. Stockholders who are entitled to vote shall have one vote for each share of stock owned by them. Stockholders may vote either in person or by proxy. No proxy which is dated more than six months before the meeting named therein shall be accepted, and no such proxy shall be valid after the final adjournment of such meeting. R.L.ii2,§i7. See wos, 437, § 24. Section L9. Executors, administrators, guardians, trustees or persons in any other representative or fiduciary capacity may vote as stockholders upon stock held in such capacity. G. S. 68, 11. R. L. 109, § 17. 101 Mass. 398. P. S. 105, § 13. 9 Cush. 192. ' See 1903, 437, § 29. Section 20. Meetings of the board of directors may be held within or without the commonwealth. Any meeting of the board of directors shall be a legal meeting without notice, if each director who is absent, by a writing which is filed with the records of the meeting, waives such notice. Stock certifi- cates. .Sec 1903, 437, §26. Transfer of shares. 1864, 229, § 10. 1871, 381, § 10. 1881, 302. P. S. 113, § 13. R. L. 112, § IS. 1903, 423, §§ 1, 2; 437, § 28. Stock books and corporate records. 1858, 144. G. S. 68, § 10. CAPITAL STOCK. Section 21. Each stockholder shall be entitled to a certifi- cate which shall be signed by the president and by the treasurer of the company, or by such other officers as may be authorized by the by-laws, shall be sealed with its seal, and shall certify the number of shares owned by him in such company. Section 22. The delivery of a certificate of stock by the person named as the stockholder in such certificate or by a person entrusted by him with its possession for any purpose to a bona fide purchaser or pledgee for value, with a written trans- fer thereof, or with a written power of attorney to sell, assign or transfer the same, signed by the person named as the stock- holder in such certificate, shall be a sufficient delivery to transfer title as against all persons; but no such transfer shall affect the right of the company to pay any dividend due upon the stock, or to treat the holder of record as the holder in fact until it has been recorded upon the books of the company, or until a new certificate has been issued to the person to whom it has been so transferred. Such purchaser, upon delivery of the former certificate to the treasurer of the company, shall be entitled to receive a new certificate. A pledgee of stock trans- I'erred as collateral security shall be entitled to a new certifi- cate if the instrument of transfer substantially describes the debt or duty which is intended to be secured thereby. Such new certificate shall express on its face that it is held as col- lateral security, and the name of the pledgor shall be stated thereon, who alone shall be liable as a stockholder, and entitled to vote thereon. Section 2:5. The certificate of incorporation, and an attested copy of the agreement of association, and of the by-laws, with a reference on the margin of the copy of the by-laws to all amend- SHARES ISSUED FOR PAR ONLY. 131 ments thereof, and a true record of all meetings of stockholders p. s. 105, § 21. shall be kept by the company at its principal office in this com- j^.j; 227! * 6 ' monwealth for the inspection of its stockholders. The stock i86i, rib? 20 ' and transfer books of such company, which shall contain a p^'fos'fiii complete list of all stockholders, their residences and the amount ^^. 109, | :;.;. of stock held by each, shall be kept at an office of the company R. l! 109! 1 34. in this commonwealth for the inspection of its stockholders. 278 .] ' Said stock and transfer books and said attested copies and rec- g. s.'es.'.i 12 ords shall be competent evidence in any court of this common- r. L.icS'f 35! wealth. If any officer or agent of a company having charge of ^J 903 ^ 37 ' such copies, books or records refuses or neglects to exhibit them or to submit them to examination as aforesaid, he or the com- pany shall be liable to any stockholder for all actual damages sustained by reason of such refusal or neglect, and the supreme judicial court or the superior court shall have jurisdiction in equity, upon petition of a stockholder, to order any or all of said copies, books or records to be exhibited to him and to such other stockholders as may become parties to said petition, at such a place and time as may be designated in the order. Section 24. The directors of a company may, unless other- Lost wise provided by the by-laws, determine the conditions upon r. l. 110, §28. which a new certificate of stock may be issued in place of any §^. certificate which is alleged to have been lost or destroyed. They may, in their discretion, require the owner of a lost or destroyed certificate, or his legal representative, to give a bond with suffi- cient surety to the company in a sum not exceeding double the market value of the stock to indemnify the company against any loss or claim which may arise by reason of the issue of a certifi- cate in place of such lost or destroyed stock certificate. Section 25. Every company shall, once in every five years. Unclaimed publish three times successively in a newspaper in the city of isVt,';'i; Boston, and also in a newspaper in the county in which the p.* s! 105? § 27. principal office of the company is located, a list of all dividends .s,;, 1 ^!!,;' ';■",■,''' which have remained unclaimed for two years or more and the S 52 - names of the persons to whose credit such dividends stand. Section 26. Certificates of stock shall not be issued by a Shares to be company until the par value thereof shall have been actually 1864,229, paid in in cash. isti, 38i, §§ 7, 10. issi,302. P. S. 113, § 13. II. L. 112, § 18. 150 Mass. 200. SHARES ISSUED FOR PAR ONLY. Revised Laws, Chapter 109, § 1!). Section' 19. No corporation, unless specially authorized, shall issue — noi to a share for a less amounl to lie actually paid in thereon than the par less^han par. value of the shares at the date of issue. 1859, 104. fffi- f|3,§ 16. 1858, 10. . G. S. 68, § 9. 1873, 39, § 1. 1'. S. 106, § 11. 1871, :'.'.»-', § 3. P. S. 105, § 17. 157 Mass. 71. Section 27. The directors may assess upon all the shares Assessments subscribed, but not paid in, such amounts of money which are B tock,and not in excess of their par value, as they think proper, and may !!', direct the same to be paid to the treasurer, who shall give gf^'9. ' 132 CORPORATE POWERS. L871 381, § 9. 1'. S. 113, § 17 R. L. Ill", § 25 See 1903, 4d7, § 15. Subscription to full capital stock, and payment in of fifty per cent thereof, before con- struction. 1864, 229, § 6. 1871, 381, § 6. P. S. 113, § 19. R. L. 112, § 27. 141 Mass. 496. Directors jointly and severally liable for debts and contracts till payment in of full capital stock. L864, 229, § 6. 1871,381, § 7. P. S. 113, § 14. R. L. 112, § 19. [See Savage- Shaw decision, May 16, 1907.] written notice thereof to the subscribers. If a subscriber neg- lects to pay his assessment for thirty days after such notice, the directors may transfer the rights under such subscription to any person who subscribes for the same and pays the assess- ments due, or may order the treasurer, after giving notice of the sale, to sell such shares by public auction to the highest bidder, and, upon the payment by him to the company of the unpaid assessments, of interest to the date of sale and of the charges of the sale, the shares shall be transferred to him. If, within thirty days after the sale, the purchaser does not make said payment to the company, the sale shall be cancelled, and the subscriber shall be liable to the company for the unpaid assessments, the interest thereon, and the charges of sale. If the amount so paid by the purchaser to the company is more than the amount for which the shares were sold, the subscriber shall be liable to the purchaser for the deficiency; if it is less, the purchaser shall be liable to the subscriber for the surplus. If a subscriber neglects to pay his assessment for thirty days, as above provided, the directors may elect to proceed by an action at law against said delinquent subscriber to recover all amounts due and payable by him with interest. If a judgment rendered in an action against a subscriber remains unsatisfied for thirty days, all amounts previously paid by him shall be forfeited to the company, and the directors may oifer such shares for sale as above provided. Section 28. A street railway company shall not begin to build its railway until it shall have filed in the office of the secretary of the commonwealth a certificate, signed and sworn to by its president, treasurer, clerk and a majority of its directors, stating that the amount of its capital stock has been unconditionally subscribed for by responsible parties, and that fifty per cent of the par value of each share thereof has been actually paid in in cash. Section 29. The directors of a street railway company shall be jointly and severally liable, to the extent of its capital stock, for all its debts and contracts, until the whole amount of its capital stock as originally fixed by its agreement of associa- tion, or if a chartered company, by its directors, and authorized by the board of railroad commissioners, shall have been paid in, and until a certificate stating the amount thereof so fixed and paid in shall have been signed and sworn to by its president, treasurer, clerk and a majority of its directors, and filed in the office of the secretarv of the commonwealth. CORPORATE POWERS. Powers to cease, if rail Section 30. A street railway company, incorporated under utrust;, ii ran- *' i i « -?• way is not built the laws of this commonweal tli, shall have authority, subiect within eudit- .. ■ i • j to the provisions of this chapter, to construct, maintain and operate a street railway, but, if such company does not build and put in operation its railway within eighteen months after g 8 's.'63, 8 § ho. the date of its certificate of incorporation, its corporate powers een months after date of certificate of incorporation, unless, etc. CORPORATE POWERS. 133 shall cease, unless the board of railroad commissioners, after 1864,229,512. public notice and a hearing, shall extend said time by a certifi- p. s.' 113,' 1 20! cate, stating that in its judgment due diligence has been exer- RL - 112 -^ 28 - cised by the company, and that public necessity and convenience require such extension. Section 31. A street railway company, which, by its charter Extension of or certificate of incorporation, or by special act, is authorized authority to to construct, maintain and operate a street railway in any city °^ aterai1 " or town in this commonwealth, and which has constructed its B^'112'892 railway therein, may, subject to the provisions of the general laws relative to the location, construction and operation id' street railways, extend its railway into such othqr cities and towns in this commonwealth as the board of railroad commis- sioners shall, upon the application of such company, and after public notice and a hearing, certify that the public necessity and convenience require. An attested copy of such certificate shall, within three days after the granting of the same, be filed by said board in the office of the secretary of the commonwealth. Section 32. A street railway company Avhose petition for a Connecting location, necessary, in the judgment of the board of railroad isos.'sts, § 14. commissioners, to furnish proper transportation facilities be- RL - 112 -§ n - tween two cities, or two towns, or a city and town, has in whole or in part been granted or refused, or has been neither granted nor refused within three months after the filing thereof, may, within thirty days of such grant or refusal of a location, or of the expiration of said three months, apply to the board of rail- road commissioners for such location. If it shall appear at a hearing on said application, after such notice to the board of aldermen or the selectmen, and to all persons who own real estate which abuts upon any way in which such location was asked for, by publication or otherwise, as the board of rail mad commissioners may order, that the company has already been granted and has accepted locations for a street railway in two cities, or two towns, or a city and town, adjoining the city or town in which such location has been asked for, or has already been granted and has accepted locations for a street railway in two adjoining cities, or two adjoining towns, or an adjoining city and town, and that a location is necessary to connect such existing locations, the board of railroad commissioners may, if it finds that public necessity and convenience so require, enter a decree granting a connecting location. In granting the loca- tion said board may prescribe the appliances and impose the conditions and obligations which are specified or referred to in section seven relative to the granting of original locations. Such location shall be the true location, if. within thirty days iifier the issue of notice to the company of the entry of said decree, the directors shall tile a written acceptance of such loca- tion with the board of railroad commissioners; otherwise, said local ion shall be void. Section 33. A street railway company may purchase and Real and per- ■ 1' ' '' estate; hold such real and personal estate as may be necessary or con- stockand 1 J d bonds of other 134 CORPORATE POWERS. Pleasure resorts. l^!*->, 316. R. L. 112, § domestic street venient for the operation of its railway ; but it shall not, except panies organ- as provided in section fifty-three, directly or indirectly, sub- generaiiaws. scribe for, take or hold stock or bonds of a street railway com- isn'isi,' | is! pany which is organized under the general laws unless specially so authorized by the general court, p. s. 113, § is. r. l. 112, §26. Section 34. A street railway company may, except in the city of Boston, with the approval of the board of railroad com- missioners, acquire, hold, maintain and equip land for purposes of recreation and for pleasure resorts. Admission to the grounds of such pleasure resorts shall be free, subject to such restric- tions as may, with the approval of said board, be imposed by the board ojf aldermen of cities or the selectmen of towns in which such grounds may be situated. Said company shall not sell intoxicating liquors nor allow them to be sold on said grounds ; nor shall it sell said land without the approval of the board of railroad commissioners. Section 35. A street railway company may use electricity, ps ' it :!,' § 39 '. or such other motive power, other than steam, as the board of r. l. 112, § 51. railroad commissioners may permit. Section 36. A street railway company may permit another street railway company to operate cars over its tracks to such extent and under such rules and regulations as the board of railroad commissioners shall determine to be consistent with public safety. Section 37. A street railway company may allow street sprinkling cars or similar apparatus to be used upon its tracks, may furnish the motive power and use of tracks or other facili- ties, and may make contracts therefor ; but the provisions of this section shall be operative only to such extent and subject to such regulations and restrictions as the board of railroad com- missioners, having regard to the necessities of public travel, may approve. Section 38. A street railway company may, with the con- sent of the board of aldermen of a city or the selectmen of a town, convey in cars over its tracks snow 7 , ice, stones, gravel, dirt, or street sweepings, taken from any street or way over or through which its tracks are located, for the purpose of keeping said street or way in proper condition for travel, or may convey to any point on its line, or deliver to any connecting line or any other street railway company, necessary material for use in the construction, grading, repairing or improving of any street or way in any city or town, or of any state highway, whether on the line of any street railway company or not, and may make contracts with cities, towns, the Massachusetts highway com- mission, and witli other street railway companies for the trans- portation of such material. Section -'V.). A street railway company may convey in cars over its tracks coal and other supplies for its own use. Section 40. A street railway company may carry the United States mail. Motive power 1864, 229, § 34 Connecting companies. Joint use of tracks. 1888, 278, $ 1. R. L. 112, § 78. Street sprink- ling cars. L897, 315. R. L. 112, § 54. 189 Mass. 431. Gravel, etc., cars. 1898, 328. R. I,. 112, § 55 1902, 288. 190 Mass. 530. Coal and other supplies. Carriers of mail. 1901, 251. R. L. 112, § 75 1346 1909. Chapter 118. An Act to authorize the Transportation of Military Supplies and Equipment over the lanes of Street Railway, Electric Railroad and Elevated Railway Com- panies. Section 1. All street railway, electric railroad, and elevated rail- Transporta- way companies within the commonwealth are hereby authorized to auppfieset^' 3 ' transport military supplies and equipment over their respective lines, and from and to any point thereon, subject only to the supervision of, and to such regulations as may be imposed by, the board of railroad commissioners. Section 2. This act shall take effect upon its passage. [Approved February 26, 1909. 135a 1908. Chapter 278. An Act to authorize Street Railway Companies to transport Milk and Cream. tionof milk Section 1. All street railway companies within the commonwealth and cream. are i iere0 y authorized to transport milk and cream over and upon their respective lines of railway and from and to any point thereon, subject only to the supervision of and to such regulations as may be imposed by the board of railroad commissioners, any restrictions upon the right of said companies to transport milk and cream heretofore imposed under any existing laws or charters to the contrary notwith- standing. Section 2. This act shall take effect upon its passage. [Approved March 25, 1908. CORPORATE POWERS. 135 [Section 41. A street railway company may become a com- earners of mon carrier of newspapers, baggage, express matter and freight and freight, in such cases, upon such parts of its railway, and to such extent, 1903,202. in any city or town as, after public notice and a hearing upon iv^;,/,!/ 1 the petition of the president or a majority of the directors of the fselldow.] company or any interested party, the board of aldermen or the selectmen, in such city or town, shall by order approve: provided, that a company shall actually engage in the business of a common carrier under authority of this section only in such of the cases, upon such of the parts of its railway, and to so much of the extent, approved as aforesaid, as the board of rail- road commissioners shall certify, after public notice and a hearing upon the petition of the president or a majority of the directors of the company or any interested party, that public necessity and convenience require; and provided, further, that any company acting under authority hereof shall be subject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the approval of the board of railroad commissioners, and shall also be subject to the provisions of all laws now or hereafter in force relating to common carriers so far as they shall be consistent herewith and with said regulations and restrictions.] Acts of 1907, Chapter 402. An Act relative to Street Railway Companies acting as Common Carriers. Section 1. A street railway company may become a common carrier —of baggage 1 j? • i i • i unci irciyiiiT, of newspapers, baggage, express matter and ireight in such cases, upon etc. such parts of its railway, and to such extent, in any city or town, as. j 9 ,]]']; \^\ after public notice and a hearing, upon the petition of any interested p 9 ^'^ 3 ', 41 party, the board of aldermen or the selectmen in such city or town and the board of railroad commissioners shall by order approve. If the board of aldermen or selectmen to whom such a petition is presented act adversely thereon or fail to act within sixty days from the date of the filing of such petition the petitioner or any interested party may file such petition with the board of railroad commissioners, who shall after public notice and a hearing determine whether public necessity and convenience require the granting of such petition and shall make an order dismissing such petition or requiring any street railway company named in such petition to act as such common carrier in such cases, upon such parts of its railway and to such extent, and under such regulations and restrictions, as in the opinion of said railroad commissioners public necessity and convenience require. Any street railway company acting under authority hereof shall be subject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the approval of the railroad commis- sioners, and shall also be subject to the provisions of all laws now or hereafter in force relating to common carriers so far as they shall be consistent herewith and with said regulations and restrictions. The authority conferred upon any street railway company by virtue of the provisions of this act may at any time he revoked or terminated in any city or town or upon any pari of its railway, by the board of aldermen or selectmen with the approval of the board of railroad commissioners. 136 LAND. 1906, 463, Section 2. Section forty-one of Part III. of chapter four hundred repealed'. * ' and sixty-three of the acts of the year nineteen hundred and sis is hereby repealed. [Approved May 10, 1907. Private land. 1901, 503, 8§ 3, l R I. 112, j L'9. 1 7n M i Location by purchase or lease on private land. 1901,503, § 1. It. L. 112, § 9. 178 Mass. 300. LAND. Section 42. Except as provided in this act, and except for the purpose of reaching its car barns or repair shops, and of reaching' and providing convenient terminals in parks and pleas- ure resorts situated upon the line of its railway, a street rail- way company shall not, unless authorized by special act of the general court, construct or operate any part of its railway out- side the limits of a public highway, street or bridge ; but a street railway company which, prior to the fourteenth day of June in the year nineteen hundred and one, without special legislative authority therefor constructed any part of its rail- way upon private land, with the consent of the owners of such land, or upon land leased or purchased by such company, or which prior to said date purchased or leased land for the pur- pose of constructing its railway thereon, or which prior to said date after public notice and a hearing obtained the approval of the board of aldermen of a city or of the selectmen of a town to the construction of a part of its railway upon private land within such city or town, and prior to said date actually with the consent of the owners of the land began, or obtained their con- sent to begin, such construction, may construct, maintain and operate its railway upon such private land, subject however to the provisions of this act conferring upon the board of railroad commissioners control over street railways constructed upon private land. Section VZ. A street railway company, organized under the laws of this commonwealth, or in process of organization there- under, having first obtained the approval of the board of alder- men of the city or of the selectmen of the town in which private land is situated to the construction of its railway thereon, may, for the purpose of avoiding grades and curves in public ways, and for such other purposes incidental to the use of such ways, as the board of railroad commissioners may in the manner hereinafter provided approve, petition said board for authority to construct and maintain parts of its railway or extension thereof upon such private land outside the limits of such public ways. The company in such petition shall set forth the pur- pose for which such authority is desired in each case, and shall tile with the petition a plan, in such form and upon such scale as the board of railroad commissioners may prescribe, of the railway or extension, and of the localities where it is de- si rod to construct the same upon private land, and said board, after public notice and a hearing, if it is satisfied that public necessity and convenience demand that parts of the railway or extension should be built outside the limits of public ways, substantially on the private land selected, and that the approval of the board of aldermen or of the selectmen of the city or LAND. 137 town in which the land is situated has been obtained as afore- said, may authorize the petitioner to construct and operate its railway or extension upon and over private land, and for that purpose. to purchase or lease private land or rights therein and thereover, in such cases and to such extent as said board is of opinion that public necessity and convenience in the construc- tion and operation of the railway or extension require. Said board in granting such authority may determine the kind of construction to be used, the grade and alignment of the tracks, and may order such special appliances to be furnished and such safeguards to be adopted in the construction and operation of the railway or extension upon private land as, in its judgment, regard for public necessity, convenience and safety demands. Section 44. A street railway constructed upon private land Regulation of ... .it i i n >i ^ construction or shall not be opened for public use until the board of railroad operation on ,, .. . n i ni private land. commissioners, alter an examination, certifies that all laws 1901,503, §2. relative to its construction and all requirements of said board have been complied with, and that it appears to be in a safe condition for operation. Said board may, at any time after the opening of a street railway for public use, order such changes and improvements to be made in the construction and operation of any part thereof upon private land as in its judgment may be necessary for public safety in the use thereof; and such order shall be complied with by the street railway company. Section 45. A street railway company, whose railway is Provisions of constructed in part outside the limits of public ways, shall, in lsos^'To^s 5.' respect of the equipment, use and operation of its railway and transportation thereon, be subject to all the provisions of law relative to street railway companies, as fully as if its railway were located wholly within the limits of public ways. Section 46. A street railway company, organized under Location by the laws of this commonwealth, may apply to the board of domain on aldermen of a city or to the selectmen of a town in which it 1903! 4 7 if § i. desires to take land, for an adjudication that public necessity and convenience require that certain land, or interests in land, as described in its petition, and for the specific purpose therein stated, be taken by such company, to enable it, in constructing its street railway, or extension thereof, to avoid dangerous curves or grades existing in the highways, or for other similar purposes incident to and not inconsistent with its corporate franchise of operating a railway to accommodate public travel in public ways. If the board to which such application is made finds in favor of the petitioner, after such public notice and hearing as are required by law in the case of the grant of locations for street railways in public ways, the company may, upon com- plying with the provisions prescribed for railroad corporations by section seventeen of Part TT, apply to the board of railroad ^f&at^eto. commissioners for a certificate that public necessity and com '/.',;).', //^ venience require the construction of the railway between the ww 89.] termini and substantially upon the route fixed by the agreemenl of association in case of a company organized under the general 138 LAND. S:une subject . 1903, 476, § 2. Proviso. Same subject. 1903, 476, § 3. Same subject. 1903, 476, § 4. Reserved spacer in pub- lic ways. laws and by the charter of a company created by special statute, or of the extension substantially on the locations already granted efor, and for approval of the adjudication of the board of aldermen or of the selectmen as to the necessity and reasons for taking land or rights in land in every city or town in which such adjudication has been made. If the board of railroad commissioners, after public notice and a hearing, at which all persons or corporations alleging that they would be injured by the construction of the railway shall be deemed to be inter- ested parties and entitled to be heard, grant the certificate as prayed for, the petitioner may take in any city or town, in the manner provided in the following section, any land or rights in land the taking of which has so been approved by said board. Section 47. A street railway company acting under au- thority of the preceding section shall be subject to all the pro- visions of sections seventy-one, seventy-four, eighty-two to one hundred, inclusive, one hundred and one to one hundred and three, inclusive, and one hundred and six of Part II, and, if its railway crosses a public way or another street railway, except where its railway is constructed within the limits of another public way crossing such way or street railway, it shall also be subject to all the provisions of sections one hundred and seven to one hundred and twelve, inclusive, and of sections one hun- dred and forty-nine to one hundred and fifty-four, inclusive, of said chapter : provided, however, that wherever by said sections any jurisdiction is conferred upon a board of county commis- sioners, the same shall in the case of a street railway company be exercised by the board of aldermen of the city or by the selectmen of the town in which the land or other property pro- posed to be taken is situated. Section 48. A street railway company authorized to con- struct its railway at grade across a public way in any place where such crossing is not a part of the crossing of such way by another public way, and incident to the construction of the street railway longitudinally within the limits of such other public way, shall, in any proceedings hereafter begun for the abolition of such grade crossing be considered as a railroad cor- poration under the provisions of sections twenty-nine to forty- five, inclusive, of Part I, if such company has taken any land or other property under authority of the preceding two sections; and it may bring a petition, or be made a respondent to any petition brought by any of the other parties named in said acts, in the same way and be subject to the same liabilities as if it were a railroad corporation. Section 49. The provisions of the three preceding sections shall not be construed as enlarging the extent or purposes for which a street railway may be constructed or operated outside the limits of public ways as defined and limited in sections forty-two and forty-three. Section 50. If the city council of a city or a town accepts the provisions of this section or has accepted the corresponding PROTECTION AXD MARKING OF WIRES, ETC. 139 provisions of earlier laws, the board or officers authorized to 1894,324. lay out streets, highways or town ways may, whether any such 191 Mass. 527.' street, highway or town way is laid out under the provisions of law authorizing the assessment of betterments or otherwise, re- serve spaces between the side lines thereof for street railways. PROTECTTOX AND MARKING OF WIRES. Revised Laws, Chapter 122, §§ 16, 17. Section 1C. A person or a corporation, private or municipal, owning Regulations or operating a line of wires over or under streets or buildings in a ^reTin'cities city or town shall use only strong and proper wires safely attached and towns, to strong and sufficient supports and insulated at all points of attach- 1899! 337! I 1 ment ; shall remove all wires the use of which is abandoned ; shall ass ' properly insulate every wire where it enters a building, and, if such wire is other than a wire designed to carry an electric light, heat or power current, shall attach to it at a proper point in the circuit, near the place of entering the building, and so situated as to avoid danger from fire, an appliance adapted at all times to prevent a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or of causing fire from entering the building by means of such wire beyond the point at which such appliance is attached; and shall properly insulate every wire within a building which is designed to carry an electric light, heat or power current. Section 17. Such person or corporation shall, in cities, affix at the Names of points of support at which any wire or cable containing wires provided attached ^ for in the preceding section is attached, a tag or mark distinctly J|^!' f'.^y. L|- designating the owner or user of such wire or cable. No such tag or § 2. ' mark shall be required for the wires of a street railway company, except for its feed wires at points of attachment to poles carrying the feed wires of one or more other street railway companies. In towns wherever wires belonging to different owners are attached to the same pole, cross arm or fixture, such pole, cross arm or fixture shall be plainly marked with the name or initials of the owner of the same, and such wires, at or near their points of attachment to such pole, cross arm or fixture, shall be tagged or marked with the names or initials of their owners. LEASE OR SALE OF RAILWAY. Section 51. A street railway company shall not lease or Railway not to contract for the operation of its railway for a period of more soidt'except, than ninety-nine years without the consent of the general court, i!soi, 229. § 21. nor, except as provided in the three following sections, shall it pfs.'us.'fii sell its railway unless authorized so to do by its charter or by Jf', 7 ' ?!■•' • s.-, Special act Of the general COUl't. 157 Mass. 39. 173 Mass. 287. I' Allen. 65 o f a \ -l • Mass. 2111. section 52. A street railway company incorporated under saieor the laws of this commonwealth may sell and convey the whole J897?269?$ n j or ;i part of its franchise and property to, or may consolidate 1; '■ l! with, any other such street railway company whose railway connects with, intersects or forms a continuous line with its own, if the facilities for travel on (lie railway of each of said companies shall not be thereby diminished, or the rates of fare increased, and such other company may purchase of or con- solidate with it as aforesaid ; but such purchase and sale or con- 140 LEASE OR SALE OF RAILWAY. [For § 67, Part I, see paw SO.] Increase of capital stock, and issue of bonds. 1897, -'69, § 2. R.L.I 12, §87. Powers and duties of consolidated company. 1897, 269, I 3. R. L. 112, § 88. Operating contracts and leases. 1897, 213, R. L. 112, § 89. [For Part I, § 67, see page SO.] Powers tinder contracts or leases. 1897, 213, § 4. R. L. 112, § 90. solidation shall not be valid or binding nntil its terms have been agreed to by a majority of the directors, and have been approved, at meetings called for the purpose, by a vote of two thirds in interest of the stockholders of each of the contracting companies, and by the board of railroad commissioners as re- quired by section sixty-seven of Part I. Section 53. The purchasing or consolidated company may, subject to the provisions of section one hundred and seven, in- crease its capital stock and issue bonds to an amount necessary for the purposes authorized in the preceding section, and may exchange its securities for those of the selling or merged com- pany, if the aggregate amount of the capital stock and debt of the two contracting companies shall not by reason of such pur- chase and sale or consolidation be increased. Section 54. Such purchasing or consolidated company shall have the powers and privileges, and be subject to the duties, liabilities and restrictions, of the company selling or merged, but, except as provided in this chapter, no right to conduct an express business or to be a common carrier of merchandise shall, by reason of any such sale or consolidation, be allowed over any location where it had not been granted prior to the tenth day of April in the year eighteen hundred and ninety-seven. Section 55. Two street railway companies, incorporated under the laws of this commonwealth, whose railways connect with or intersect each other or together form a continuous line, may contract that either company shall perforin all the trans- portation upon and over the whole or any part of the railway of the other; or any such company may lease its franchise, property and railway to any other such company; but the facili- ties for travel on either of the railways of said companies shall not be thereby diminished or the rates of fare increased. Such contract or lease shall not be valid or binding until its terms have been agreed to by a majority of the directors, and have been approved, at meetings called for the purpose, by a vote of a majority in interest of the stockholders of each of said com- panies, and by the board of railroad commissioners, as re- quired by section sixty-seven of Part I. The income arising from such contracts or leases shall be subject to the provisions of law relative to the reduction of fares in the same manner as that arising from the use of the railways. Such railways shall be considered as connecting with or intersecting each other, or forming a continuous line, if one of them connects with or in- tersects or forms a continuous line with a railway leased to or operated by the other under a contract authorized by the pro- visions of this section. Section 56. A street railway company which contracts for the operation, or takes a lease, of another railway shall, sub- ject to the terms of such contract or lease, have and enjoy the powers and privileges, and shall be subject to the duties, liabili- ties and restrictions of the company which owns it; but no right to carry on an express business or to be a common carrier ISSUE OF SECURITIES BY FOREIGN CORPORATIONS, ETC. 141 of merchandise shall be allowed, except as provided in this act, over any location where it had not been granted prior to the twenty-ninth day of March in the year eighteen hundred and ninety-seven. Section 57. A street railway company shall not appropriate Proceeds of „', „ , . . n i i • i i l sale not to be for the payment of dividends any money winch lias been re- used for de- ceived from the sale of any portion of its railway, unless it is64, S 229, § 39. first reduces its capital stock issued, by an amount which, at its p S s.n3,'| st! par value, is equal to the amount which such portion of its R ' L112,§9L railway cost said company. ISSUE OF SECURITIES BY FOREIGN CORPORATIONS. Section 58. If a foreign corporation which owns or con- issue of stock trols a majority of the capital stock of a domestic street rail- companies way company issues stock, bonds or other evidences of indebt- rf domestic* edness based upon or secured by the property, franchise or 5SW§?" stock of such domestic company, unless such issue is author- R - L> 126, § ll * ized by the law of this commonwealth, the supreme judicial court shall have jurisdiction in equity in its discretion to dis- solve such domestic company. If it appears to the attorney- general that such issue has been made, he shall institute pro- ceedings for such dissolution and for the proper disposition of the assets of such company. The provisions of this section shall not affect the right of foreign corporations, their officers or agents to issue stock and bonds in fulfilment of contracts ex- isting on the fourteenth day of July in the year eighteen hun- dred and ninety-four. ELECTRICITY. Section 59. A city or a town shall not manufacture or dis- cities and tribute electricity for furnishing light, heat or power for the manufacture <. ,i l n '•! or distribute operation of the cars of a street railway company. electricity for 1891,370, §1. R.L.34, § 1. 153 Mass. 129. 163 Mass. 346. operation of 1894, 533. 150 Mass. 592. 155 Mass. 601, 605. cars - Section 60. A town in which no person or corporation is Certain towns 1 ., l . . may purchase engaged in the business of generating or distributing electricity electricity for for sale for lighting purposes and which is not itself engaged posesfrom in such business, and which has voted or shall vote, in accord- companies, ance with the provisions of chapter thirty-four of the Revised [Amended. See Laws, to construct one or more plants for the manufacture or 19 °e,2i8.i distribution of electricity for furnishing light for municipal use or for the use of its inhabitants, or for both purposes, may make contracts, for a term not exceeding ten years, with any streel railway company operating a street railway in such town, for the purchase of electricity from such street railway com- pany, for the purpose of furnishing light for municipal use or for the use of its inhabitants, or for both purposes; and any street railway company may make contracts for furnishing elec- tricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after public notice and a hearing, approve the terms thereof as con- sistent with the public interests. 142 ELECTRICITY. iD, § 1, amended. Acts of 1906, Chapter 218. An Act relative to the Purchase of Electricity by Towns from Street Railway Companies. Section one of chapter four hundred and forty-nine of the acts of the year nineteen hundred and two is herehy amended by striking out the words " and which is not itself engaged in such business ", in the third and fourth lines, and by inserting after the word " light ", in the eighth and fourteenth lines, the words : — or power, — so as to read as follows : Certain towns — Section 1. A town in which no person or corporation is engaged in ™ectnchyfre«n the business of generating or distributing electricity for sale for lighting o'mpaalesy ay purposes, and which has voted or shall vote, in accordance with the provisions of chapter thirty-four of the Revised Laws, to construct one or more plants for the manufacture or distribution of electricity for furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes, may make a contract or contracts, for a term not exceeding ten years, with any street railway company or companies operating a street railway in such town, for the purchase of electricity from such street railway company or companies, for the purpose of furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes; and street railway com- panies may make contracts for furnishing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after a public hearing, approve the terms thereof as consistent with the public interests. [Approved March 31, 1906. Section 61. The electricity supplied by a street railway company to a town shall be delivered to the distributing system of said town at some specified place or places therein, and the meter or meters through which such electricity is measured shall be a part of the distributing system. Section 62. If a town voting to purchase electricity from a street railway company is unable to agree with such company at the expiration of a contract made in accordance with the pro- visions of section sixty upon the price to be paid for electricity by, or upon the manner in which electricity is to be furnished to, said town in the future, such town through its selectmen may apply to the board of railroad commissioners to fix the price which said town shall pay for said electricity to, and the man- ner in which electricity shall be furnished by, said company; and thereupon the said board shall set a date for a public hear- ing upon such application, giving said company reasonable no- tice thereof ; and after the hearing said board shall, if it deems the furnishing of such electricity consistent with the interests of public travel upon the railway of such company, fix the price which said town shall pay for electricity to, and the man- ner in which electricity shall be furnished by, said company; and said company shall thereupon furnish to said town elec- tricity at the price and in the manner fixed by said board. Sectiox 63. A town which has contracted with a street rail- way company for the purchase of electricity shall be subject to the provisions of chapter thirty-four of the "Revised Laws and of all nets in amendment thereof or in addition thereto, so far as the same may be applicable. Delivery of electricity. 1902, 449, § 2. In case of disagreement, railroad com- missioners to fix price of electricity. 1902, 449, § 3. To be subject to certain pro- visions of law. 1902, 449, § 4. U2b 1908. Chapter 243. An Act to protect Street Railway Companies, Electric Railroad Companies and Municipalities engaged in the Manufacture or Sale of Electricity for Lighting Purposes from the Unlawful Use of or Diversion of Electricity from their Wires. Section forty of chapter one hundred and twenty-one of the Revised R - L. 121, § 40, Laws is hereby amended by inserting after the word " to ", in the third line, the words: — a street railway company, an electric railroad company or, — and by inserting after the word "corporation", in the fourth line, the words : — private or municipal, — so as to read as fol- lows: — Section 40. Whoever unlawfully and intentionally injures or Diversion destroys, or suffers to be injured or destroyed, any meter, pipe, con- f^fwirei^ duit, wire, line, pole, lamp or other apparatus belonging to a street of street rail- . .. . . way com- railway company, an electric railroad company or a corporation, pri- panies, etc. vate or municipal, or company engaged in the manufacture or sale of electricity for lighting purposes, or unlawfully and intentionally pre- vents an electric meter from duly registering the quantity of electricity supplied, or in any way interferes with its proper action or just regis- tration, or, without the consent of such corporation or company, un- lawfully and intentionally diverts any electric current from any wire of such corporation or company, or otherwise unlawfully and inten- tionally uses or causes to be used, without the consent of such cor- poration or company, any electricity manufactured or distributed by such corporation or company, shall, for every such offence, be pun- ished by a fine of not more than one hundred dollars or by im- prisonment for not more tha'n one year, or by both such fine and imprisonment, [Approved March 19, 1908. 142c R. L. 122, amended. Destruction of wires, poles, etc. Penalty. 1908. Chapter 233. An Act to extend the Provisions of Section Twenty-seven of Chapter One Hun- dred and Twenty-two of the Revised Laws to Street Railway Companies, Electric Railroad Companies and Municipalities engaged in the Manufacture and Sale of Electricity, and to increase the Penalty therein provided in Cer- tain Cases. Section twenty-seven of chapter one hundred and twenty-two of the Revised Laws is hereby amended by inserting after the word " prop- erty ", in the third line, the words : — of any street railway company, of any electric railroad company, or of any city or town engaged in the manufacture and sale of electricity for light, heat or power or, — and by adding at the end thereof the words : — and whoever shall do any of the acts prohibited by this section between the hours of four o'clock in the afternoon and seven o'clock in the morning shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than four years, or by both such fine and imprisonment, — so as to read as follows : — Section 27. Whoever unlawfully and inten- tionally injures, molests or destroys any line, wire, pole, pier or abut- ment, or any of the materials or property of any street railway com- pany, of any electric railroad company, or of any city or town engaged in the manufacture and sale of electricity for light, heat or power or of any company, owner or association described in sections one and twenty-five shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or by both such fine and imprisonment; and whoever shall do any of the acts prohibited by this section between the hours of four o'clock in the afternoon and seven o'clock in the morning shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than four years, or by both such fine and imprisonment. [Approved March 18, 1908. U3a 1906. 463, part III. , ; 64, amended. Extension of location. Proviso. [See page 143, §64.] 1909. Chapter 417, § 2. Section 2. Section sixty-four of Part III of said chapter four hun- dred and sixty-three is hereby amended by striking out the words "the president or a majority of the directors", in the third line, and insert- ing in place thereof the words: — upon the petition executed in accord- ance with the by-laws or a vote of the directors, — by striking out the word " thirty", in the thirty-third line, and inserting in place thereof the word: — sixty, — by striking out the words "a majority of the directors", in the thirty-fourth and thirty-fifth lines, and inserting in place thereof the word : — it, — and by inserting- after the word " extension ", in the thirty-fifth and thirty-sixth lines, the words : — executed in accordance with its by-laws or a vote of its directors, — so as to read as follows : — Section 64. The board of aldermen of a city or the selectmen of a town, upon the petition of fifty legal voters, or upon the petition executed in accordance with the by-laws or a vote of the directors of a street railway company whose tracks are located in said city or town, after public notice and a hearing as provided in section seven, may grant a location for the extension of the tracks of such company, and prescribe how said tracks shall be laid and the kind of rails, poles, wires and other appliances to be used; but they shall impose no terms or conditions to such grant in addition to those imposed by general laws on street railway companies in force on the first day of October in the year eighteen hundred and ninety-eight, or such as may have been imposed in the grant of original location to such company in such city or town subsequently to said date. No such extension of a location shall be valid, until the board of railroad com- missioners, after public notice and a hearing, shall certify that such extension is consistent with the public interests. If said board requires an alteration in such extension before certifying that the same is con- sistent with the public interests, said board shall notify the board of aldermen or selectmen granting such extension of such alteration; and thereafter said board of aldermen or selectmen may amend such exten- sion in accordance with such alteration: provided, that, if such altera- tion involves a change in the route of the railway, public notice and a hearing shall be given as hereinbefore provided in the case of the original application for an extension; and thereafter the board of rail- road commissioners may, as a part of the original proceedings before it, certify that such extension so amended is consistent with the public interests. An extension, so certified to be consistent with the public interests, shall be a valid location, if, within sixty days after the issue of notice of said certification to the company, it shall file a written acceptance of such extension, executed in accordance with its by-laws or a vote of its directors, with the board of aldermen or selectmen. An extension granted by a board of aldermen or selectmen, but refused cer- tification hereunder by the board of railroad commissioners, or not accepted as hereinbefore provided, shall be void. EXTENSION OF LOCATION, ETC. 143 EXTENSION OF LOCATION. Section 64. The board of aldermen of a city or the select- Extension of men of a town, upon the petition of fifty legal voters, or the 1874,29,511. president or a majority of the directors of a street railway com- i898, 578, f 15! pany whose tracks are located in said city or town, after public 1902,399*. notice and a hearing as provided in section seven, may grant a [fo^Ta 85 ' location for the extension of the tracks of such company, and 392,489.] prescribe how said tracks shall be laid and the kind of rails, poles, wires and other appliances to be used ; but they shall impose no terms or conditions to such grant in addition to those imposed by general laws on street railway companies in force on the first day of October in the year eighteen hundred and ninety-eight, or such as may have been imposed in the grant of original location to such company in such city or town subse- quently to said date. No such extension of a location shall be valid, until the board of railroad commissioners, after public notice and a hearing, shall certify that such extension is con- sistent with the public interests. If said board requires an alteration in such extension before certifying that the same is consistent with the public interests, said board shall notify the board of aldermen or selectmen granting such extension of such alteration ; and thereafter said board of aldermen or select- men may amend such extension in accordance with such altera- tion: provided, that, if such alteration involves a change in the route of the railway, public notice and a hearing shall be given as hereinbefore provided in the case of the original application for an extension; and thereafter the board of railroad commis- sioners may, as a part of the original proceedings before it, cer- tify that such extension so amended is consistent with the pub- lic interests. An extension, so certified to be consistent with the public interests, shall be a valid location, if, within thirty days after the issue of notice of said certification to the company, a majority of the directors shall file a written acceptance of such extension with the board of aldermen or selectmen. An exten- sion granted by a board of aldermen or selectmen, but refused certification hereunder by the board of railroad commissioners, or not accepted as hereinbefore provided, shall be void. ALTERATION OF LOCATION. Section 65. The board of aldermen of a city or the select- Alteration i t c •-! i 1 1871, 381, 5 15. jority 01 the directors 01 a street railway company whose tracks p. s. 113, | 22. are located in said city or town, or upon the petition of any 1: 1. i'i.\ § :;u interested party, after public notice and a hearing as provided in 125 Jiaaa." 516. section seven, may alter the location of the tracks in the manner jaop-Ta. prescribed in, and subject to the provisions of, the preceding 4i> ~' lv ' 1] section. Such alteration shall be made by such company within such time, and the expense thereof shall be borne by such party or parties and in such proportions, as the board of aldermen or 144: REVOCATION OF LOCATION, ETC. selectmen may determine. No such alteration of a location shall be valid, until the board of railroad commissioners, after public notice and a hearing', shall certify that such alteration is consistent with the public interests. If said board requires an amendment to such alteration before certifying that the same is consistent with the public interests, said board shall notify the board of aldermen or selectmen of such amendment ; and thereafter said board of aldermen or selectmen may amend such alteration in accordance with the said amendment: provided, that, if such amendment involves a change in the route of the railway, public notice and a hearing shall be given as herein- before provided in the case of the original application for an alteration ; and thereafter the board of railroad commissioners may, as a part of the original proceedings before it certify that such alteration so amended is consistent with the public inter- ests. An alteration, so certified to be consistent with the public interests, shall be a valid location, if, within thirty days after the issue of notice of said certification to the company, a ma- jority of the directors shall file a written acceptance of such alteration with the board of aldermen or selectmen. REVOCATION OF LOCATION. ^vocation of Section 60. The board of aldermen of a city or the select- lo-f • oi?- § 15 - men °f a town, after the expiration of one year from the open- 18< 1,381, r , 7 .- x . - . . " If §§16,17. mg for use of a street railway in their city or town, and after j§ 23, 24'. public notice and a hearing as provided in section seven, if the if. l! 112! § 32! public necessity and convenience in the use of the streets so 191 Mass*. 527. require, may, for good and sufficient reasons to be stated in the order therefor, revoke the location of a street railway in any highway or street in'said city or town; but unless, within thirty days after such order of revocation, the company consents thereto in writing, such order shall not be valid until approved by the board of railroad commissioners after public notice and a hearing. Upon the approval of such order of revocation, the company shall remove the railway in conformity with such order and shall put the surface of streets which has been dis- turbed by such removal into as good condition as the adjacent surface of said streets. If the company neglects to comply with such order after thirty days' notice of the approval thereof, the board of aldermen or the selectmen may cause it to be executed and the work to be done at- the expense of the company, and such expense shall be recovered in an action of tort. STREET OR HIGHWAY WIDENING. waywidenlig" Section 67. If application is made for a location in a street 1898, 57S. § 19. or highway in which no street railwav tracks are located, and R. L. 112, § 33. ' l-i • •! i ii • • t- i such street or highway is widened under the provisions ot chap- ters forty-eight or fifty of the Revised Laws by an order de- claring the widening to be rendered necessary for the public convenience for the purpose of granting such location of street lUb [See page 143, §65.] 1909. Chapter 417, § 3. Section 3. Section sixty-five of Part III of said chapter four bun- 1906, 463, dred and sixty-three is hereby amended by striking out the words "of amended §65 ' the president or a majority of the directors ", in the second and third lines, and inserting in place thereof the words : — executed in accord- ance with the by-laws or a vote of the directors, — by striking out the word " thirty ", in the thirtieth line, and inserting in place thei'eof the word : — sixty, — by striking out the words " a majority of the di- rectors ", in the thirty-first and thirty-second lines, and inserting in place thereof the word : — it, — and by inserting after the word " alter- ation ", in the thirty-second and thirty-third lines, the words: — executed in accordance with its by-laws or a vote of its directors, — so as to read as follows : — Section 65. The board of aldermen of a city Alteration or the selectmen of a town, upon the petition executed in accordance ° ocatlon - with the by-laws or a vote of the directors of a street railway company whose tracks are located in said city or town, or upon the petition of any interested party, after public notice and a hearing as provided in section seven, may alter the location of the tracks in the manner pre- scribed in, and subject to the provisions of, the preceding section. Such alteration shall be made by such company within such time, and the expense thereof shall be borne by such party or parties and in such proportions, as the board of aldermen or selectmen may determine. No such alteration of a location shall be valid, until the board of railroad commissioners, after public notice and a hearing, shall certify that such alteration is consistent with the public interests. If said board requires an amendment to such alteration before certifying that the same is consistent with the public interests, said board shall notify the board of aldermen or selectmen of such amendment ; and thereafter said board of aldermen or selectmen may amend such alteration in accord- ance with the said amendment : provided, that, if such amendment Proviso, involves a change in the route of the railway, public notice and a hear- ing shall be given as hereinbefore provided in the case of the original application for an alteration; and thereafter the board of railroad com- missioners may, as a part of the original proceedings before it, certify that such alteration so amended is consistent with the public interests. An alteration, so certified to be consistent with the public interests, shall be a valid location, if, within sixty days after the issue of notice of said certification to the company, it shall file a written acceptance of such alteration, executed in accordance with its by-laws or a vote of its directors, with the board of aldermen or selectmen. 145a 1906, 463, p:trt III amended. 8 70, Locations on state high- ways. [See page 145, § 70.] 1909. Chapter 417, § 4. Section 4. Section seventy of Part III of said chapter four hun- dred and sixty-three is hereby amended by striking- out the words " the president or a majority of the directors of ", in the second and third lines, — by striking out the words " the directors of ", in the four- teenth line, and by inserting after the word "company", in the same line, the words : — by vote of its directors, — so as to read as follows : — Section 70. If the board of aldermen of a city or the selectmen of a town and a street railway comjDany having a location in a way which said board of aldermen or said selectmen or the county commissioners of the county in which said city or town lies, have in writing requested the commonwealth to take charge of, make application to the Massa- chusetts highway commission, and with the application submit satis- factory plans, profiles and cross-sections of said way, the commission shall indicate on such plans, profiles and cross-sections a location and grade for the tracks of said street railway company. If the commission considers said way suitable for a state highway, and the commission and the street railway company by vote of its directors agree as to the proportionate part of the cost of constructing it which shall be paid by the commonwealth and by the street railway company, the commission may pay, out of the appropriations for the construction and repair of state highways, said proportionate part of the damages sustained by a person whose property may be injured by the con- struction of such state highway, and of the cost of grading the said way to the lines established by the Massachusetts highway commission. A way which is graded under the provisions of this section shall remain a town way or a highway, subject to all laws relative thereto, until said way is taken charge of as a state highway by the commonwealth. STATE HIGHWAYS. 145 railway tracks therein, a proportionate share of the expense of such widening may be assessed upon a street railway company which accepts a location in the street or highway so widened ; but the amount of such assessment, in addition to the amounts assessed on real estate, shall not exceed one half of the total cost of such widening. Section 68. If a street or highway in which the tracks of a Alteration or street railway company have been located for a period of five gradf of^treet years is altered, or if the grade thereof is changed under the ^tSeats. provisions of chapters forty-eight or fifty of the Revised Laws, r 9 £: 1I2' § -f! the company shall pay such proportionate share of the expense thereof, including therein the necessary cost of changing its railway to conform to such alteration or change of grade, as may be assessed upon it, provided that, if betterments are as- sessed, no such assessment on the company shall exceed the aggregate amount of all the betterments assessed upon real estate, and that in no case shall such assessment exceed one quarter of the total cost of such alteration or change of grade. Sectiox 69. The provisions of chapter fifty of the Eevised ^™ V a P io i"cab f ie Laws relative to the assessment of betterments on real estate, *°- so far as applicable, shall apply to assessments made under the R- l! u-. § 35! provisions of the two preceding sections. Said assessments shall be collected according to the provisions of chapter thirteen of the Revised Laws. STATE HIGHWAYS. Section 70. If the board of aldermen of a city or the select- Location c ii -l f upon state men of a town and the president or a maionty of the directors highways . . . 1901 414 of a street railway company having a location in a way which R. l! 112,' § 3s. said board of aldermen or said selectmen or the county commis- sioners of the county in which said city or town lies, have in writing requested the commonwealth to take charge of, make application to the Massachusetts highway commission, and with the application submit satisfactory plans, profiles and cross-sec- tions of said way, the commission shall indicate on such plans, profiles and cross-sections a location and grade for the tracks of said street railway company. If the commission considers said way suitable for a state highway, and the commission and the directors of the street railway company agree as to the proportionate part of the cost of constructing it which shall be paid by the commonwealth and by the street railway company, the commission may pay, out of the appropriations for the con- struction and repair of state highways, said proportionate part of the damages sustained by a person whose property may be injured by the construction of such state highway, and of the cost of grading the said way to the lines established by the Massachusetts highway commission. A way which is graded under the provisions of this section shall remain a town way or a highway, subject to all laws relative thereto, until said way is taken charge of as a state highway by the commonwealth. Section 71. If a public way in which a street railway loca- Supervision by tion has been granted shall be thereafter laid out, taken charge slate highway commission 14(5 OPERATION. 1S9S, 578, § 24 R. L. 112, § 61 Laying and const ruction of railways in state high- ways, etc. 1893, 476, § 14. R. L. 47, | 21. 31 ;.]"■ Opening for use condi- tional upon certificate of railroad com- missioners. 1901,368. R. L. 112, § 39. Rules as to rate of speed, etc. 1864. 229, § 16. 1871. 381, §§ 18, 19. P. S. 113. S§ 27,28. R. L. 112, §40. 1903, 143. 1905, 376. 11 Allen, 287. 167 Mass. 49. 190 Mass. 531. of or constructed by or under the authority of the Massachu- setts highway commission, the commission shall thereafter, rela- tive to the location and maintenance of a street railway upon such state highway, have the authority conferred by the pro- visions of sections seven, sixty-four, sixty-five, sixty-six and sev- enty-nine upon boards of aldermen and selectmen, and shall exercise such authority in the same manner, and subject to the same rights and limitations. Section 72. A state highway shall not he dug up for the construction of a street railway, except upon written permit of the Massachusetts highway commission, and in accordance with the regulations of the commission ; and the work shall be done under the supervision and to the satisfaction of said commis- sion, and the entire expense of replacing the highway in as good condition as before shall be paid by the street railway company. OPERATION. Section 73. ISTo street railway or portion or extension thereof shall be opened for public use until the board of rail- road commissioners, after an examination, certifies that all laws relative to its construction have been complied with, and that it appears to be in a safe condition for operation ; but nothing herein contained shall be construed as compelling said board to grant such certificate until the entire road included in the loca- tion of such railway, portion or extension has been completed. Section 74. The board of aldermen of a city, or the select- men of a town may, subject to the approval, revision or altera- tion of the board of railroad commissioners, establish such regulations as to the rate of speed, the manner and extent of use of tracks, and the number and routes of cars which run over such tracks, within such city or town, as the interest and convenience of the public may require ; and a street railway company whose servants or agents wilfully or negligently vio- late any such regulations shall forfeit not more than five hun- dred dollars for each offence. Use of ways. L857.82. G S. 15, § 10. 1865,31, § 1. 1869, 301. 1874, 225. 1875, 136. 1876, 20. P. S. 53, §§ 10- 13. 15, 16. 1892, 390. 1 1 Gray, 52. 1 10 Mass. 432. 148 Mass. 380. 162 Mass. 496. Revised Laws, Chapter 52, §§ 6, 7. Section 6. Cities and towns may make ordinances and by-laws to prevent the pasturing of cattle or other animals, either with or without a keeper; relative to the passage and driving' of sheep, swine and neat cattle ; prohibiting persons from riding or driving beasts of burden, carriage or draught, at a rate of speed inconsistent with public safety or convenience; regulating the passage of carriages, sleighs, street cars, or other vehicles, or the use of sleds for coasting; regulating and con- trolling persons who frequent public places playing on hand organs, drums, trumpets or other musical instruments, upon or through any way or bridge, and may affix penalties of not more than twenty dollars for each violation thereof. They may, by ordinance or by-law, regulate the transportation of the offal of slaughtered animals upon or through any way or bridge and affix a penalty of not more than one hundred dollars for each violation thereof. OPERATION. 147 Section 7. A city, by ordinance, and a town, by by-law, may prohibit Speed of persons from riding or propelling, or from causing to be propelled, a regulated, vehicle except such as is drawn by a horse or a person, upon a street or 1901, 192, * I " way therein, at a rate of speed which it considers to be inconsistent with public safety or convenience, and for a violation thereof may affix a penalty of a fine of not more than one hundred dollars or of im- prisonment for not more than ten days, or of both such fine and im- prisonment. Section 75. The superintendent of streets of a city, or any clearing snow officer who exercises like authority therein, and the selectmen 1898,578, §12. of a town, shall establish regulations for the clearance of snow ' ' from its tracks by any street railway company operating in said city or town, and for the removal of such snow by said street railway company from the streets or ways in which such tracks are located: provided, that no street railway company shall be compelled to remove from the streets or ways in which its tracks are located an amount of snow greater than it has cleared from between its rails and between its tracks and from a space eighteen inches "wide on either side of its tracks. On or before the first day of September in each year, the local authorities hereinbefore named shall transmit to the presi- dent or other officer of each street railway company operating its cars in the streets or ways of said city or town, and to the board of railroad commissioners, a copy of the regulations as established by said authorities. Within fourteen days after the receipt by any street railway company of such regulations said street railway company may, by its president or a majority of its board of directors, petition the board of railroad commis- sioners for such amendment thereto as said president or said board of directors consider reasonable. Said board shall, after notice and a hearing, within sixty days of the receipt of said petition, file with said local authorities and with the president of said street railway company its findings upon said petition, including such amendments to said regulations, if any, as said board considers reasonable, and thereafter such regulations as established by said local authorities and as amended by said board shall be and remain in force until the first day of the September following, and thereafter until other regulations are established as is heroin provided. Section 76. If a street railway company voluntarily dis- Voluntary dis- continues the use of any part of its tracks for a period of six ^of'traciL? mouths, the streets or highways occupied thereby shall, upon i§7il fill 1 25] the order of the board of aldermen of a city or the selectmen of ji S. ii|, | 25. a town, forthwith, at the expense of the company, be cleared of JS 01 ^ 339 ^ said tracks, and be put into as good condition for public travel as they were in immediately before being so occupied. If a street railway company without right or lawful excuse discon- tinues the use of any track and when requested by the board of aldermen of the city or by the select men of the town in which such track is located refuses to operate the same, the mayor of 148 OPERATION, Temporary discontinu- ance of use of tracks. 1864, 229, § 20. 1871,381,§ 26. P. S. 113. | 26. R. L. 112, § 37. Taking up, alteration or discontinu- ance of streets or highways. 1864, 229, § 17. 1871,381,§ 20. Repair of streets, high- ways and bridges. 1864, 229, § 18. 1866, 286. 1871, 381, § 21. 1881, 121. P. S. 113, § 32. 1898, 578, § 11. R. L. 112, §44. 104 Mass. 18. 109 Mass. 221, 525. 112' Mass. 57. 116 Mass. 420. 130 Mass. 492. 132 Mass. 178. 149 Mass. 335. 168 Mass. 556. 169 Mass. 508. 173 Mass. 587. L82 Mass. 41, 19. 184 Mass. 294. 188 Mass. 180. 189 Mass. 256. 191 Mass. 308. 192 Mass. 114, 315. 196 U. S. 539. such city, if duly authorized by vote of the city council or the selectmen of such town it' duly authorized by vote of the town, may petition the supreme judicial court to compel said company to resume the use of such track and to perform all its corporate duties relating thereto. Such petition shall set forth the facts upon which the petitioner relies and the relief sought, but shall not be defeated for informality, and may be amended at any stage; and said court shall have jurisdiction in equity to deter- mine the cause and enforce its decrees and orders relative thereto. Upon the filing of any such petition said court shall order due notice to be served upon the street railway company and shall advance the cause to speedy hearing and final decision. In case the track, the use of which has been discontinued, is located in two or more municipalities, any or all of such munici- palities acting by the officials above named and authorized as hereinbefore provided, may join in such petition. Nothing herein contained shall be deemed a legislative construction of any existing law or an impairment of any existing right of a street railway company to discontinue the use of tracks. Section 77. The board of aldermen of a city or the select- men of a town may order a street railway company to discon- tinue temporarily the use of any tracks w T ithin the limits of such city or town, if they determine that the public safety or con- venience so requires. Section 78. A city or a town which, for any lawful pur- pose, takes up, alters or discontinues streets or highways in which the tracks of a street railway company are located, shall not be liable in damages therefor to the street railway company. P. S. 113, § 31. R. L. 112, § 43. 135 Mass. 551. Section 79. A street railway company shall not be required to keep any portion of the surface material of streets, highways and bridges in repair, but it shall remain subject to all legal obligations imposed in original grants of locations, and may, as incident to its corporate franchise, and without being subject to the payment of any fee or to any other condition precedent, open any street, highway or bridge in which any part of its railway is located, for the purpose of making repairs or renewals of the railway, or of any part thereof, and the superintendent of streets or other officer w 7 ho exercises like authority, or the board of aldermen or selectmen shall issue the necessary permits therefor in a city or town in which such are required. If, during the original construction or subsequent alteration or ex- tension or the making of any such repairs or renewals of any railway or a portion thereof, said surface material is disturbed, the company which owns or operates such railway shall, at its own cost, except as provided in sections sixty-five and seventy- one, replace to the reasonable satisfaction of the superintendent of streets, or other officer who exercises like authority, said surface material with the same form of construction as that which was disturbed, or, by first obtaining the approval thereof by such officer, with a different material and form of construe- OPERATION. 149 lion, and shall restore said street, highway or bridge to as good condition as existed at the time of such disturbance. A street railway company shall be liable for any loss or injury which may be sustained by any person in the management and use of its tracks and during the construction, alteration, extension, repair or renewal of its railway, or while replacing the surface of any street which may have been disturbed as aforesaid, and which results from the carelessness, neglect or misconduct of its agents or servants who are engaged in the prosecution of such work, if notice of such loss or injury is given to the company and an action therefor is commenced in the manner provided by section twenty of chapter fifty-one of the Revised Laws. The provisions of this section shall not affect the obligations of any street railway company in respect of the construction or maintenance of any bridge or part thereof which any private person or corporation may be liable, in whole or in part, to con- struct or maintain. Revised Laws, Chapter 51, § 20. Section 20. A person so injured shall, within ten days thereafter, Notice of in- if such defect or want of repair is caused by or consists in part of snow {ion of action, or ice, or both, and in all other cases, within thirty days thereafter, give j> S7 s'52 4 § i|' to the county, city, town or person by law obliged to keep said way, 1882, 36. causeway or bridge in repair, notice of the time, place and cause of the isV-i! 422 said injury or damage; and if the said county, city, town or person does \ig m not pay the amount thereof, he may within two years after the date J3i Mass. 441. of said injury or damage recover the same in an action of tort. Such 534. notice shall not be invalid or insufficient solely by reason of any in- 4§4 oof^' 374, accuracy in stating the time, place or cause of the iniurv, if it is shown }?6 Mass. 136. ., , ,, « . .• 1 • 1 n -1,1,, • . , I 45 Mass. 549. that there was no intention to mislead and that the party entitled to 151 Mass. 212. notice was not in fact misled thereby. jg4 Jjass. 393. 132 Mass. 299, 324. 133 Mass. 529. 135 Mass. 110. 147 Mass. 402. Time. Place. 136 Mass. 136. 130 Mass. 161, 136 Mass. 27S, 419. 128 Mass. 521. 139 Mass. 91. 275,398,494. 140 Mass. 227, 424. 130 Mass. 115. 155 Mass. 595. 131 Mass. 441, 142 Mass. 486. 131 Mass. 202. 156 Mass. 145. 443,516.551. 155 Mass. 344. 132 Mass. 187, 324. 158 Mass. 279. 132 Mass. 187, 324, 441. 168 Mass. 251, 556. 135 Mass. 110. Cause. 135 Mass. 110. 177 Mass. 373. Section 80. If, upon the trial of an action against the com- Liability of monwealth, a city, town, railroad corporation or bridge corpora- defective f " r tion, the plaintiff recovers damages for an injury to his person wa^^nd 1 ^" or property which was caused by reason of a defect in a street, 1 1 '^:j: ,,, : Si . highway or bridge which is occupied by the tracks of a street ];%' j ; ^' railway company, and the street railway company is liable for ft. l. 112. j 15 such damages under the preceding section, and has had reason- 112 Mass. is able notice to defend the action, the commonwealth, city, town, railroad corporation or bridge corporation may recover the dam- ages, and all the costs of both plaintiff and defendant in the action from the street railway company. Section 81. Every street railway company shall, in a man- Guardsupon ner satisfactory to the board of railroad commissioners, erect draws, and maintain upon every bridge, or draw of a bridge, which is istVW,' crossed by its tracks, guards or railings, to prevent its ears from r s'V:!. running off. If, for sixty days after service upon it of an order K * j^'iil", 5 10. 128 Mass. 318. ass. '>-'>. 150 OPERATION. Cars to stop at railroad en if sini L859, L26. 5 2. '. S 63, § 1 12. L864, 229, §36. 1871, 381, §§ 4 7.48. P S 113, l§ 41,42. R. L. 112, 5 02. Notice of ap- proach of cars. 1864. 229, § 22. 1871,381, § 28 P. S. 113. | 36. R. L. 112, §47. OVist ruction of tracks. L864, 229, § 22. 1871, 381, § 29. P. S. 113, § 37. 1901, 452. R. L. 112, § 48. 7 Allen, 573. Penalty. Explosives upon tracks. 1904, 396. Loitering within stations, etc. 1905, 134. Disorderly conduct in public con- veyances. L883, 102. a. L. 212, S :;.-,. Obstruction of streets or highways by companies. of the board of railroad commissioners relative to such guards or railings, it neglects to comply therewith, it shall, for each month of such neglect subsequent to said sixty days forfeit two hundred dollars, to the use of the city or town. Section 82. If a street railway crosses at the same level a steam railroad where locomotive engines are in daily use, every motorman of a car upon the street railway shall, when approach- ing the point of intersection, stop his car within one hundred feet of the crossing. For each violation of the provisions of this section, the motorman shall forfeit ten dollars, and the company which employs him shall forfeit twenty dollars. Section 83. The board of aldermen of a city or the select- men of a town may, subject to the approval of the board of rail- road commissioners, establish such regulations, requiring the motorman or conductor to give notice or warning of the approach of street cars, as shall in their opinion best secure the unob- structed use of the tracks and the free passage of the cars. Section 84. Whoever wilfully obstructs a street railway company in the legal use of a railway track, or delays the passing of its cars thereon, or aids or abets in such obstruction or delay, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months. Whoever commits any of said acts in such manner as to en- danger the life or safety of persons conveyed in or upon said cars, or aids or abets therein, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than one thousand dollars. Section 85. Whoever without right throws into, against or upon, or puts, places or explodes or causes to be exploded in, upon or near a street railway or street railway car, gunpowder or other explosive, or a bombshell, torpedo or other instrument filled or loaded with an explosive, with intent unlawfully to destroy or injure such street railway or street railway car, or any person or property therein or thereon, shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than five years, or by a fine of not more than five hundred dollars. Section 86. Whoever without right loiters or remains within a station or waiting-room of a street railway company, or upon the platform, stairs, grounds or other property owned or con- trolled by a street railway company, adjacent to such station or waiting-room, after being requested to leave the same by a special or other police officer, shall forfeit not less than two nor more than twenty dollars. Section 87. Whoever, in or upon a street railway car, is disorderly, or disturbs or annoys travellers in or upon the same by profane, obscene or indecent language, or by indecent be- havior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. Section 88. If a street railway company, its agent or ser- vant, wilfully or negligently obstructs a street, highway or OPERATION. 151 bridge, or hinders the passing of carriages over the same, or 1864, 229, § 23. wilfully detains the cars of another company which has the p.'s.'ii3,'§ 3s! lawful right to pass thereon, such company shall be punished " -1 by a fine of not more than five hundred dollars; and any such agent or servant shall be punished by a fine of not more than ten dollars or by imprisonment for not more than three months. Section 89. If a street railway company, its agents or ser- Sales by chii- vant, allows a child under the age of ten years to enter upon or cur" upor into any of its cars for the purpose of selling newspapers or other r 8 l! iif,'§ 50. articles therein or offering them for sale, it shall forfeit fifty dollars for each offence, which shall be recovered by any person by an action brought within three months after the offence has been committed. Section 90. A street railway company shall equip its cars, Fenders, when in use, with such fenders, wheel guards, brakes and emer- brake/and ' gency tools as may be required by the board of railroad commis- t^ts Bency sioners, and said board may modify its requirements.* i89i'366' 1895, 378, § 1. R. L. 112, § 52. 1903, 134. Section 91. The board of railroad commissioners shall re- Heating of quire every street railway company to heat its cars, when in use lios, 136. for the transportation of passengers, at such times by such means, ' ' and to such extent, as said board shall determine, and the com- pany shall forfeit twenty-five dollars for each trip run by any of its cars not so heated, unless in case of accident to the heating process or apparatus, or other unavoidable accident. The district police shall cause the provisions of this section to be enforced. f Section 92. Every street car in use for the transportation Enclosed piat- of passengers in December, January, February and March, 1897,452. which, while in motion, requires the constant care or service of * The regulations for the equipment of street railway cars with fenders and wheel guards established by the Board under the provisions of 1895, 378 [now § U0, Part III, Chap. 463, of Acts of 1906] : — 1. All cars run by a street railway company on a highway, town way or travelled place (excepting cars run by horse power, cars run only as trailing cars, and, until the further order of the Board, cars run wholly within the limits of towns whose population is less than 7,500 each) shall he equipped with fenders and wheel guards in accordance with one of the two following methods: Either (1) with a fender at the front of tin- car (going in either direction), and also with wheel guards underneath the car; or (2) with a fender at the front of the car of such design as to serve also as a wheel guard. In the first case (1) the fender shall consist of a platform, netting, or other similar device, constructed and arranged so as with reasonable certainty to pick up a person who Is run iutci while standing, but to pass over a person who is lying on the ground, without probable injury to the person in either contingency; and the wheel guards shall be of such con- struction and arrangement or method of operation as to prevent, so far as practicable, a person who has fallen or been thrown down from being run over by the wheels, I n the second C&ae (-) the tender shall be Of such construction, arrangement and method of operation as not only to pick up as aforesaid a person who is run into while standing, but also to prevent SO far as practicable a person who has fallen or been thrown down from getting under the car and being run over by the wheels. This form of fender shall accord- ingly include a device by which, in case Of emergency, it can be lowered b\ the liiiilorinan, and when lowered held down close to the ground. '.'. These regulations shall take effect on the fourteenth day of November, 1895; and may be modified from time to time, in general or in particular, as experience and the public safety 1 1 1 .■ i \ seem to tho Board t<> require. t The requirements of the Board in res] t to the beating of cars by street railway com- panies, made under the provisions Of section '.il, par) three, chapter 463, Acts of 1906, read as follows : 1. All box cars used bystreet railway companies for the transportation of passengera between the fifteenth day of < letober and the fifteenth day of April in each year shall be equipped With suitable apparatus for heating bj electricity, unless other than electric heaters are specially authorized by the Board. 2. Every street railway companj shall, during the period above named, whenever the outside temperature is less than forty degrees above zero (Fahrenheit) maintain, iii all box ears in use for transporting passengers, an inside temperature, as nearly as may be, of no less than forty nor more than Bixty degrees above zero, except at times when the com pany is temporarily prevented from so doing by storm, accident or cither controlling emergency for which it is not responsible and which is not due to any negligence upon its part. 152 FARES AM) ACCOMMODATIONS. 1900, 414. 5§ 1.3. n l. in-, §§ 56. 5S. Decisions of board of rail- mail commis- sioners. 1897, 452. 1900. 414. R. L. 112, § 57, Penalty. L897, 452, § 3. 1900. 414, |§ 4, 5. R. L. 112, § 59. Day's work of employees. 1893, 386. 1894, 508. § 9. R. L. 106, § 22. an employee upon its platforms or upon one of them, shall, except as provided in the following section, have said platforms or platform enclosed in such manner as to protect the motormen, conductors or other employees who operate such ear from ex- posure to wind and weather in such manner as the board of railroad commissioners shall approve. Section !>-'>. All decisions heretofore rendered by the board of railroad commissioners under the provisions of chapter four hundred and fifty-two of the acts of the year eighteen hundred and ninety-seven and of chapter four hundred and fourteen of the acts of the year nineteen hundred shall have the same force and effect as they had on and after the first day of December in the year nineteen hundred and two, but they shall be subject to revision by said board. Section 94. A street railway company which fails or neg- lects to comply with the provisions of either of the two preceding sections shall be punished by a fine of not more than one hundred dollars for each day during which such neglect continues. Section 95. A day's work for all conductors and motormen who are employed by or on behalf of a street railway company shall not exceed ten hours, and shall be so arranged by the em- ployer that it may be performed within twelve consecutive hours. No officer or agent -of any such company shall require from said employees more than ten hours' work for a day's labor ; but on legal holidays, on days when the company is required to provide for extraordinary travel, and, in case of accident or unavoidable delay, extra labor may be performed for extra compensation. Reasonable accommoda- tions, etc. 1S64, 229, § 26. 1865, 261. 1871, 381, § 33. P. S. 113. § 43. R. L. 112, § 69. Additional accommoda- tions. 1891, 216. R. L. 112, § 70. Special service cars, etc. 189S, 57S. j is. R. L. 11-'. § 71. FARES AND ACCOMMODATIONS. Section 96. Every street railway company shall furnish reasonable accommodations for the conveyance of passengers, and for every wilful neglect to provide such accommodations shall forfeit not less than five nor more than twenty dollars ; and may establish the rates of fare for all passengers and property con- veyed or transported in its cars, subject, however, to the limita- tions named in its charter or hereinafter set forth. Section 97. If, in the opinion of the board of railroad com- missioners, additional accommodations for the travelling public are required upon any street railway, it may, after due notice to the company and a hearing, make an order requiring such additional accommodations as it determines are just, and may alter, renew or revoke the order. A street railway company which, for more than one week after receiving notice in writing of such order, neglects to comply therewith, shall forfeit to the use of the city or town for which such additional accommoda- tions are ordered, or if they are ordered for more than one city or town, to the use equally of such cities or towns, one hundred dollars for each day thereafter during which such neglect con- tinues. Section 98. A street railway company may provide cars for special service, and may make special rates therefor; and 153a Transporta- tion of pupils. 1906, 463, part III. § 99, ard 1906, 479, repealed. [See page 153, § 90, and 1906, 479.] 1908. Chapter 530. An Act relative to the Transportation, by Street and Elevated Railway Com- panies, of Pupils of the Public Day and Public Evening Schools and Private Schools. Section 1. The rates of fare charged by street or elevated railway companies for the transportation of pupils of the public day schools or public evening schools or private schools between a given point, from or to which it is necessary for them to ride in travelling to or from the schoolhouses in which they attend school and their homes, whether such schoolhouses are located in the city or town in which the pupils reside or in another city or town, shall not exceed one half the regular fare charged by such street or elevated railway company for the transporta- tion of other passengers between said points, and tickets for the trans- portation of pupils as aforesaid, good during the days or evenings on which said schools are in session, shall be sold by said companies in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty-five dollars for each offence. Section 2. Section ninety-nine of Part III of chapter four hundred and sixty-three, and chapter four hundred and seventy-nine, of the acts of the year nineteen hundred and six are hereby repealed. Section 3. This act shall take effect upon its passage. [Approved May 19, 1908. FARES AND ACCOMMODATIONS. 153 may make special rates for working men and working women on week days between the hours of five and seven in the morning and five and seven in the evening, and for children attending school. Such company shall not give free tickets or passes to Passes, any state, county or municipal official, or to any person in the employ of the commonwealth or of any county, city or town, except policemen, firemen and letter carriers, in uniform ; but it may give them to a director of the company or to any person who is connected with it in any executive capacity. A company which violates any of the provisions of this section shall forfeit for each offence not less than one hundred dollars nor more than five hundred dollars. Section 00. The rates of fare charged by a street railway Special rates company for the transportation of pupils of the public [or pri- public schools. vote] schools between a given point, from or to which it is r 9( l! 112.' § 72 necessary for them to ride in travelling to or from the school- [Amendedbv 6 houses in which they attend school and their homes, whether sl'^J^) such schoolhouses are located in the city or town in which the pupils reside or in another city or town, shall not exceed one half the regular fare charged by such street railway company for the transportation of other passengers between said points, and tickets for the transportation of pupils as aforesaid, good during the days when said schools are in session, shall be sold by said company in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty-five dollars for each offence. Acts of 1006, Chapter 479. An Act relative to the Transportation of Pupils of Private Schools by Street and Elevated Railway Companies. Section seventy-two of chapter one hundred and twelve of the Re- R- L. 112, § 78 vised Laws is herein- amended by inserting (he words "or private", al ,,'/',','"•- ]„','.' the end of the second line, so as to read as follows: — Section ' 2. The Special rates of fare charged by street or elevated railway companies for the [private 11 " 13 transportation of pupils of the public or private schools between a schools. given point, from or to which it is necessary for them to ride in travelling to or from the school houses in which they attend school and their homes, whether such school houses are located in the city or town in which the pupils reside or in another city or town, shall not exceed one halt the regular fare charged by such street or elevated railway company for the transportation of other passengers he! ween said points, and tickets for the transportation of pupils as aforesaid. good during the days when said schools are in session, shall he sold by said companies in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty-live dollars for each offence. [Approved June 14, 1.906. Acts of 1000, Chapter 107, § 4. Section 4. This act shall take effect upon its passage, but for the Bo ton Ele- term of twenty-live years from the tenth day of dune in the year <£mpa?£ UWay eighteen hundred and ninety-seven if shall not apply to the Boston exemption. Elevated Railway Company or to any railways now owned, leased or operated by it. 154 INCREASE OF CAPITAL STOCK AND ISSUE OF BONDS. Regulation of fares. L864, -'L'O, § 26. L871, 381, * 34. P. S. 113, § 44. Withdrawal of free check* and free transfers. 1894, 3S3. R. L. 112, § 74. Penalty for misuse of transfer tickets. 1904, 267. Section 100. All provisions of law relative to changes and regulation of fares upon railroads shall apply to changes and reg- ulation of fares upon street railways. 1898, 578, § 23. 1901,180. R. L. 112, §73. 185 Mass. 183. [See part I §§ 8, 10.] Section 101. A street railway company shall not withdraw or discontinue the use of any free checks or free transfers from one car or line of cars to another without the approval of the hoard of railroad commissioners ; but it may regulate the use thereof to conform to rates of fare established under authority of section ninety-six. Section 102. Every street railway company shall cause to be printed on the transfer tickets issued by it to passengers the conditions under which such tickets may be used. Whoever uses a transfer ticket in violation of any such condition, or who- ever uses or attempts to use a transfer ticket not issued to him, or whoever for value disposes of or attempts to dispose of a transfer ticket issued to him to any other person, or whoever for value delivers or attempts to deliver a transfer ticket not issued to him to any person, shall be punished by a fine not ex- ceeding fifty dollars or by imprisonment for a term not exceeding thirtv days. Increase of capital stock and issue of bonds for cer- tain purposes. It. L. 112, §§ 20, 21, 23, 76. 1902, 370. [For§§ 48-66 of I 'art If, see pp. 47-49.] INCREASE OF CAPITAL STOCK AND ISSUE OF BONDS. Section 103. A street railway company, for the purpose of building an extension, or of acquiring land for pleasure resorts, or of acquiring or building power houses or ear houses or park buildings, or of acquiring or equipping additional rolling stock, or of changing its motive power, or of furnishing electricity to a town for light, or of abolishing grade crossings, or of paying betterment assessments for widening or otherwise altering streets, or of complying with any requirements lawfully imposed, or of making permanent investments or improvements, or of acquiring any additional real or personal property necessary or convenient for its corporate objects, or of refunding its funded debt, or for the payment of money borrowed or indebtedness incurred for any of the foregoing purposes, or for other similarly necessary and lawful purposes, may, in accordance with the provisions of sections one hundred and seven, one hundred and eight, one hundred and eleven and one hundred and twelve of Part III, and of sections forty-eight to fifty-six, inclusive, of Part II, in- crease its capital stock or issue bonds, secured by mortgage or otherwise, to such an amount, beyond the amounts fixed and limited by its agreement of association or its charter, or by any special law, as the board of railroad commissioners shall deter- mine will realize the amount which has been properly expended or will be properly required, and as said board shall approve for such of the purposes aforesaid as are set out in its petition to said board. 15±b [See page 154, § 103.] 1909. Chapter 485. An Act to authorize Street Railway Companies to issue Securities for supplying Working Capital. Section 1. In addition to the purposes for which a street railway Securities company may increase its capital stock or issue bonds, as provided in capital' section one hundred and three of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, a street railway company for the purpose of supplying itself with working cap- ital may, in accordance with the provisions of sections one hundred and seven, one hundred and eight, one hundred and ten, one hundred and eleven and one hundred and twelve of Part III of said chapter, or of chapter six hundred and thirty-six of the acts of the year nineteen hundred and eight, as amended by chapter three hundred and sixty- nine of the acts of the year nineteen hundred and nine, in the case of companies to which said last mentioned chapter is applicable, and of sections forty-eight to fifty-six, inclusive, of Part II of said chapter four hundred and sixty-three, increase its capital stock to an amount not exceeding five per cent of the par value of its capital stock then outstanding, or may issue bonds, secured by mortgage or otherwise, to an amount, beyond the amounts fixed and limited by its agreement of association, or by the provisions of any general or special law, and not more than the board of railroad commissioners shall determine will be properly required for such purpose, and as said board shall approve as being consistent with the intei'est of the public and of the stock- holders of such company and as not unreasonably reducing the security of any bond previously issued. Section 2. This act shall take effect upon iis passage. [Ajjproved June 11, 1909. REDUCTION OF CAPITAL STOCK, ETC. 155 REDUCTION OF CAPITAL STOCK. Section 104. Upon the petition of a street railway company Reduction of for authority to reduce its capital stock, presented in accordance is90, a 326° c with a vote of the stockholders at a meeting called for the pur- pose, the hoard of railroad commissioners may, after a hearing and such examination of the financial condition of the company as it considers necessary, authorize such reduction to he made, if it appears to he consistent with the public interests and with the limitations imposed by general or special laws. A certificate of the amount of the reduction and of any terms and conditions imposed shall he forthwith filed by said board in the office of the secretary of the commonwealth. When such reduction is made, no money or other property shall be paid or transferred to the stockholders unless specially authorized by said board, and by a vote of the directors of the company taken by yeas and nays at a meeting called for the purpose. The directors who vote therefor shall be jointly and severally liable for the debts or contracts of the company which exist at the time when the capital stock is reduced, to the extent of the money or property paid or trans- ferred to the stockholders. STOCK AND SCRIP DIVIDENDS. Section 105. A street railway company shall not declare any stock and scrip stock or scrip dividend or divide the proceeds of the sale of stock i868,3io,'§ i. ■ is~ l 389 or scrip among its stockholders. 1874, 372, § 177. P. S. 105, § 18; 112, § 61. 1894, 350, § 1. R. L. 109, § 20. Section 10(3. A certificate of stock or scrip issued in viola- Liability of tion of the provisions of the preceding section shall be void ; and 1868,316, § 2. each director of the company issuing it shall be liable to a penalty m.^ei! § of one thousand dollars, to be recovered by indictment in the r.°l: io§; | ii. county in which he resides, or, if he resides in no county in this commonwealth, in the county in which he is commorant, or the offence was committed; but if any such director proves that, before such issue, he filed his dissent in writing thereto with the clerk, or was absent, and at no time voted therefor, he shall not be so liable. ISSUE OF CAPITAL STOCK, BONDS, COUPON NOTES AND OTHER EVIDENCES OF INDEBTEDNESS. Section 107. A street railway company shall issue only such issueof amounts of stock and bonds, coupon notes mid other evidences of bonds, indebtedness payable at periods of more than twelve months andotberevi after the date thereof, as the board of railroad commissioners li! may from time to time determine to be reasonably necessary for p 87 g.' no," § 7. the purpose for which such issue of stock or bonds has been au jj! thorized. Said board shall render a decision upon an applica : ] J, r . ..._ n tion for such issue within thirty days after the final hearing R. l! 109,' 1 24. thereon. Such decision shall be in writing, shall assign the rea 659.]' sons therefor, shall, if authorizing such issue, specify the respec- 15(5 ISSUE OF CAPITAL STOCK, BONDS, COUPON NOTES, ETC. Limit of issue of bonds, COUpon notes and other evi- dences of in- debtedness. 1889, 316, § 2. 1897,337, § 2. R. L. 109, § 25. Enforcement. 1894, 450, § 3; 452, § 3; 462, §3. 1896, 473. R. L. 109, § 27. Penalties. 1894, 450. § 2; 452, § 2; 462, | -'. R. L. 109, § 28. tive amounts of stock or bonds, or of coupon notes or other evi- dences iif indebtedness as aforesaid, which are authorized to be issued for the respective purposes to which the proceeds thereof are to be applied, and shall, within seven days after it has been rendered, be filed in the office of said board. A certificate of the decision of said board shall, within three days after such decision has been rendered and before the stock or bonds or coupon notes or other evidences of indebtedness as aforesaid are issued, be tiled in the office of the secretary of the commonwealth, and a duplicate thereof delivered to the company. Such com- pany shall not apply the proceeds of such stock or bonds or coupon notes or other evidences of indebtedness as aforesaid to any purpose not specified in such certificate. Section 108. A street railway company, unless expressly authorized by its charter or by special law 7 , shall not issue bonds, coupon notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof to an amount which, including the amount of all such securities pre- viously issued and outstanding, exceeds in the whole the amount of its capital stock at the time actually paid in ; but this limita- tion shall not apply to the issue of bonds for the purpose of paying and refunding at maturity bonds lawfully issued prior to the second day of June in the year eighteen hundred and ninety-seven; nor shall it apply to such of the bonds issued or to be issued under a mortgage as are deposited to retire at or before maturity bonds or other evidences of indebtedness pre- viously issued and outstanding at the date of such mortgage, and as do not exceed the par value of the funded or other debt so to be retired ; and such company shall not issue the securities speci- fied in this section unless authorized by a vote of its stockholders at a meeting called for the purpose. Section 109. The supreme judicial court or the superior court shall have jurisdiction in equity, upon the application of the board of railroad commissioners, of the attorney-general, of any stockholder or of any interested party, to enforce the pro- visions of the two preceding sections and all lawful orders and decisions, conditions or requirements of said board made in pur- suance thereof. Section 110. A director, treasurer or other officer or agent of a street railway company who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues, stock or bonds contrary to the provisions of the three preceding sections, or who knowingly votes to authorize the application, or know- ingly applies the proceeds, of such stock or bonds contrary to the provisions of said sections, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such company, any debt or liability except for the legitimate purposes of the company shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprison- ment. RAILROAD CROSSINGS. 157 Section 111. If a company which owns or operates a street New shares to railway increases its capital stock, such new shares as are neces- stockhoii sary to produce the amount of increased capital stock which has oTcaphaP 84 been authorized shall, except as provided in the following sec- 1870/179. tion, be offered proportionately to its stockholders at such price Isr^llulVi!' not less than the market value thereof at the time of increase, as f^ 84 . , may be determined by the board of railroad commissioners, J, 87 ^', 9 ,?!^ 1 ^ 1 '• . <, ' r. a. Wo. J 6V, taking into account previous sales 01 stock of the company and 112, §68; 113, other pertinent conditions, which determination shall be in writ- 1893.315, § 1. ing and with the date thereof shall be certified to and recorded r. l! 109,' § 36. in the books of the company. The directors, upon the approval of such increase as provided in section one hundred and seven, and the determination of the market value Nas hereinbefore pro- vided, shall cause written notice of such increase to be given to each stockholder of record upon the books of the company at the close of business on the date of such determination by said board, stating the amount of such increase, the number of shares or fractions of shares to which he, according to the proportionate number of his shares at the date of such determination, is en- titled, the price at which he is entitled to take them, and fixing a time, not less than fifteen days after the date of such determina- tion by said board, within which he may subscribe for such additional stock. Each stockholder may, within the time limited, subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor. Section 112. If the increase in the capital stock which is stock sold at subject to the provisions of the preceding section does not exceed i87o,'Tr<>. four per cent of the existing capital stock of the company, the 1873* iofi^if * directors, without first offering the same to the stockholders, may 1374 3 372 «46 sell them by auction to the highest bidder at not less than the ||78, S4, § 2. par value thereof to be actually paid in cash. Thev may also p. s.'ioe, § 40; so sell at public auction any shares, which, after the expiration § ie. of the time limited in the notice required by the preceding sec- i894|472, tion, remain unsubscribed for by the stockholders entitled to take f£ L.i'09, § 31. them. Such shares shall be offered for sale in the city of Boston, or in such other city or town as may be prescribed by the board of railroad commissioners; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three of such daily newspapers as may be prescribed by said board. Xn shares shall be sold or issued under this or the preceding section for a less amount to be actually paid in cash than the par value thereof. RAILROAD CROSSINGS. Section 113. For the purpose of avoiding or abolishing a Aboiitiono* crossing of a railroad by the tracks of a street railway company at grade, the company may purchase or otherwise take hind r. l! 112,' § 65. necessary therefor, not exceeding fifty feet in width, outside the limits of a public way; but no land shall be so taken which cannot lawfully be taken for the Laying out of a railroad, nor 158 LIENS FOR LABOR AM) MATERIALS. shall it be so taken until a plan on an appropriate scale, showing by metes and bounds the land, and the names of the owners thereof, has, after notice to such owners, and after such public notice and hearing as is required by section seven, been approved in writing by the board of aldermen of the city or the selectmen of the town in which such land is situated; nor shall the land of a railroad corporation or of another street railway company be so taken without its consent, except with the approval of the board of railroad commissioners, after notice and a hearing. '>nm',i mon Section 114. A deed or description and a plan of the land k 'l' 112 I 66 so purchased or taken shall be filed in the registry of deeds for the county or district in which the land is situated; and the provisions of law relative to the assessment, payment or recovery of damages for land and other property taken for railroad pur- poses shall apply to land and property taken under the provisions of the preceding section. ,Vf7ni™fom- Section 115. A street railway company, which has acquired wavs PubJic land f° r such purpose, may construct its railway over or under J89S, 404, § 3. a railroad, in the manner agreed upon by the companies, or, if they do not agree, in the manner prescribed by the board of rail- road commissioners ; but no overhead structure shall be built at a height of less than eighteen feet above the railroad track without the consent in writing of said board. fvitiirriimits Section 116. The board of aldermen of a city or the select- or stetehlgh^ rncn °^ a t° wn ^ n case °f a public way, and the Massachusetts TviV 404 5 4 highway commission, in case of a state highway, may authorize r. l.' ii2,' § 68. structures or alterations within, or partly within, the limits thereof, which are necessary for carrying a street railway over or under a railroad, if such way is not thereby made unsafe for other public travel. LIENS FOR LABOR AND MATERIALS. Mdmiteriate!* Section 117. A person to whom a debt is due for labor 1904,373. performed or for materials furnished and actually used in con- structing a street railway under a contract with a person, other than the street railway company, who has authority from or is rightfully acting for such company in furnishing such labor or materials shall have a right of action against such company to recover such debt with costs, except as provided in the four following sections. fo^ P 373"" Section 118. A person who has contracted to construct the whole or a specified part of such street railway shall not have such right of action. daiSfsfor Section ll!». A person shall not have such right of action Igo^oya for labor performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town in which any of said labor was performed a written statement, under oath, of the amount of the debt so due to him and of the name of the person or persons for whom and by whose employ- ment the labor was performed. Such right of action shall not be lost by a mistake in stating the amount due ; but the claimant CHANGE OF NAME. TAXATION. 159 shall not recover as damages a larger amount than is specified in said statement as due him, with interest thereon. Section 120. A person shall not have such right of action Filing of for materials furnished, unless, before beginning to furnish materials Lhem, he tiles in the office of the clerk of the city or town in 1904 - 3 ' 3 - which any of the materials were furnished, in the manner pro- vided for filing the statement mentioned in the preceding section, a written notice of his intention to claim such right. Section 121. Such action shall not be maintained unless it statute of is begun within sixty days after the plaintiff ceased to perform 1904,373. such labor or to furnish such materials. CHANGE OF NAME. Section 122. Upon the application of any street railway change of company, authorized by a vote of two thirds of the stockholders i89i e "360, §§ 1. present and voting at a meeting called for the purpose, the board fggo, 198, 201. of railroad commissioners may, after public notice and a hear- illg'474'19 ing, authorize such company to change its name. i 8 | 9 - 1G4; 442 - 1901,422, §9. R. L. 109, §9. Section 123. A certified copy of such authorization and a —certificate . _ „ - . . A ^ . , - , of, to be tiled certificate of the vote of the corporation, signed and sworn to by with secretary the president, treasurer and a majority of the directors, shall be monweaith. filed in the office of the secretary of the commonwealth. The q. board of railroad commissioners shall require public notice to R ' L ' 109, § 10 " be given of the change so authorized ; and upon receipt of proof thereof the secretary of the commonwealth may grant a certifi- cate of the name which the company shall bear, which, subject to the restrictions of section four, shall thereafter be its legal name. Section 124. A street railway company shall have the same Rights ami rights, powers and privileges, and be subject to the same duties, under new obligations and liabilities, under its new name as before its is9i%r.o. § \. name was changed, and may sue and be sued by its new name; RL109 - » n - but any action brought against it by its former name shall not lie defeated on that account, and, on motion of either party, the new name may be substituted therefor. TAXATION. A. Corporate Franchise Tax. Section 125. Every street railway company organized under Annual • J '.'.,... .. return* to tax general or special laws of the commonwealth, in addition lo all commissioner. returns required by its charier, shall annually, between the first u and tenth days of May, return to the tax commissioner, under 1S 8o; in'.l 2. the oath of its treasurer, the amount of the capital stock of the |vc,.' ; ';s* §i. company, its place of business and the par value and market ifff; 413; § 24. value of the shares made up as of said first day of May. It 1898, 417; 578, shall also contain a statement in detail of the works, structures. R.t.i4,§37 i 1 • t 1 • i 1 l • I 12 Allen, 75. real estate and machmerv owned bv said companv and siimed 98Mass 25 1 1 1 x" -.i • ^1 1,1 1 i- a 1 , • ,:: " Maas.561. to local taxation within the commonwealth, and of the location 1- m and value thereof. A street railway company, whether chartered } 57 Mass.' 70. 160 TAXATION. [1 Op. A G. 27S.1 187 M Valuation of corporate fran- chise, etc. Deductions. 1864, 203, §§5. 6. 1S65, 283, §§ 4, 5. 1880, 117. $ 2. P S. 13, §§ 39. 40. 1585, 238, § 1. 1586, 270. 1898,417. \l. L. 11, § 38. 13 Allen, 391. 88 Mas. 19, 25. 100 Mass. 184, 399 125 Mass. 568.. 137 Mass. 80. 139 Mass. 561. 144 Mass. 598. 146 Mass. 40S. 152 Mass. 372. 157 Mass. 70. 167 Mass. 522. 163 U.S. 1. Company's appeal from local valua- tion. 1865, 283, § 6. P. 3 L3. § 41. 1890. 127, § 7. 1898,417. R. L. 14, § 39. Tax to be paid on corporate franchise. Elate, hi >\v de- termined. 1864, 20S, 5 5. 1865, 283, § 5. 1880, 117, § 2. P. S. 13. § 40. 1885. 238, § 1. 1886, 270. 1888, 413, § 24. 1898,417. R. L. 14, § 40. 12 Allen, 75, 298 98 Mass. 19, 25. 99 Mass. 146, 151. 105 Mass. 527. 135 Mass. 569. 137 Mass. 80. 139 Mass. 561. 1 16 Mass. 408. l."7 Mass. 70. 167 Mass. 522. 6 Wallace, 632. 178 U. S. 120. or organized in this commonwealth or elsewhere, shall also state in its return the whole length of its line, and so much of the length of its line as is without the commonwealth; also the length of track operated by il in each city and town on the thir- I ieth dav of September preceding the return, to be determined by measuring as single track the total length of all tracks operated by it including sidings and turn-outs whether owned or leased by il or over which it has trackage rights only; and the amount of dividends paid on its capital stock during the year ending en Mich preceding thirtieth day of September and during each year from the organization of the company. Section 126. The tax commissioner shall ascertain from the returns or otherwise the true market value of the shares of each street railway company, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of May, which, unless by the charter of the company a different method of ascertaining such value is provided, shall, for the purposes of this act, be taken as the true value of its corporate franchise. From such value there shall be deducted, in case of a street railway company whether chartered or organized in this commonwealth or elsewhere, so much of the value of its capital stock as is proportional to the length of that part of its line, if any, lying without the commonwealth; and also the value of its real estate and machinery subject to local taxation within the commonwealth. For the purposes of this section, the tax commissioner may take the value at which such real estate and machinery is assessed at the place where it is located as the true value, but such local assessment shall not be conclusive of the true value thereof. Section 127. The tax commissioner may require the com- pany to prosecute an appeal from the valuation of its real estate or machinery by the assessors of a city or town, either to the county commissioners or to the superior court, whose decision shall be conclusive upon the question of value. Upon such appeal the tax commissioner may be heard, and in the superior court costs may be awarded as justice requires. Section 128. Every street railway company subject to the provisions of section one hundred and twenty-five shall annually pay a tax upon its corporate franchise, after making the deduc- tions provided for in section one hundred and twenty-six, at a rate determined by an apportionment of the whole amount of money to be raised by taxation upon property in the common- wealth during the same year as returned by the assessors of the several cities and towns under the provisions of section ninety- three of chapter twelve of the Revised Laws upon the aggregate valuation of all cities and towns for the preceding year as re- turned under sections sixty and sixty-one of said chapter; but if the return from any city or town is not received prior to the twentieth day of August, the amount raised by taxation in said city or town for the preceding year, as certified to the secretary of the commonwealth, may be adopted for the purpose of this 1G06 1909. Chapter 439. An Act relative to the Taxation of Poles for Wires. Sectiox 1. Section twenty-three of chapter twelve of the Revised R. l. 12, § 23, Laws, as amended by section one of chapter three hundred and forty- f 1 * amended!' two of the acts of the year nineteen hundred and two, is hereby further amended by inserting' after the word " streets ", in the second line of the tenth paragraph, the words: — and poles, underground conduits and pipes, together with the wires thereon or therein, laid in or erected upon private property, or in a railroad location, — by inserting after the word " companies ", in the third line, the words : — the value of whose poles, underground conduits and pipes, together with the wires thereon or therein, for the purpose of taxation, shall, like their rails and rights of way, be included in, and not deducted from, the value of their corporate franchises ascertained as provided by section one hundred and twenty-six of Part III of chapter four hundred and sixty- three of the acts of the year nineteen hundred and six, and excepting also such poles, underground conduits, wires and pipes of a railroad corporation laid in the location of said railroad, — and by adding at the end of said paragraph, the words : — or erected, — so that said paragraph will read as follows: — Tenth. Underground conduits, Taxation wires and pipes laid in public streets, and poles, underground conduits ^ires! 63 f ° r and pipes, together with the wires thereon or therein, laid in or erected upon private property, or in a railroad location, by any corporation, except street railway companies, the value of whose poles, underground conduits and pipes, together with the wires thereon or therein, for the purpose of taxation, shall, like their rails and rights of way, be included in, and not deducted from, the value of their corporate franchises ascer- tained as provided by section one hundred and twenty-six of Part III of chapter four hundred and sixty-three of the acts of the year nine- teen hundred and six, and excepting also such poles, underground con- duits, wires and pipes of a railroad corporation laid in the location of said railroad, shall be assessed to the owners thereof in the cities or towns in which they are laid or erected. Section 2. Section thirty-eight of chapter fourteen of the Revised R- 1 ' '• § 38, Laws, as amended by section three of chapter three hundred and forty- two of the acts of the year nineteen hundred and two, is hereby further amended by inserting before the word "underground", in the seven- teenth, thirtieth, thirty-eighth and forty-third lines, the word: — poles, — by striking out the word "is", in the forty-third line, and inserting in place thereof the word: — are, — and by striking out the words "it is'', in the forty-fourth line, and inserting in place thereof the words: — they are, — so as to read as follows: — Section SS. The tax com- Valuation of missioner shall ascertain from the returns or otherwise the true market frandiifre etc value of the shares of each corporation subject to I he requirements of Deduction* the preceding section, and shall estimate therefrom the fair cash value of all of said shares constituting its capital slock on the preceding firs! day of May, which, unless by the charter of a corporation a different method of ascertaining such value is provided, shall, for the purposes of this chapter, be taken as the true value of its corporate franchise. From such value there shall be deducted: — First. In case of ,-i railroad or telegraph company or of a street rail- way company whether chartered or organized in this commonwealth or elsewhere, so much of the value of its capital stock as is proportional 160c R. L. 14, § 39, amended. Corporation to appeal from local valuation, when. R. L. 14, § 42, amended. Remedy of corporation when assessor's valuation of real estate exceeds tax commis- sioner's. to the length of that part of its line, if any, lying -without the common- wealth; and also the value of its real estate, machinery and poles, under- ground conduits, wires and pipes, subject to local taxation within the commonwealth. Second. In case of such a domestic telephone company, the amount and market value of all stock in other corporations held by it upon which a tax lias been paid in this or other states for the twelve months last preceding the date of the return; and in case of such a foreign tele- phone company, so much of the value of its capital stock as is propor- tional to the number of telephones used or controlled by it or under any letters patent owned or controlled by it without the commonwealth. In case of a telephone company, whether chartered or organized in this commonwealth or elsewhere, the value of its real estate, machinery and poles, underground conduits, wires and pipes, subject to local taxation within the commonwealth. Third. In case of corporations subject to the requirements of the preceding section other than railroad, telegraph, telephone or street railway companies, whether chartered or organized in this common- wealth or elsewhere, the value as found by the tax commissioner of their real estate, machinery and poles, underground conduits, wires and pipes, subject to local taxation wherever situated. For the purposes of this section, the tax commissioner may take the value at which such real estate, machinery and poles, underground con- duits, wires and pipes are assessed at the place where they are located as the true value, but such local assessment shall not be conclusive of the true value thereof. Section 3. Section thirty-nine of said chapter fourteen, as amended by section four of said chapter three hundred and forty-two, is hereby further amended bj r inserting before the word " underground ", in the third line, the word : — poles, — so as to read as follows : — • Section 39. The tax commissioner may require a corporation to pi'osecute an appeal from the valuation of its real estate, machinery or poles, underground conduits, wires and pipes by the assessors of a city or town, either to the county commissioners or to the superior court, whose decision shall be conclusive upon the question of value. Upon such appeal the tax commissioner may be heard, and in the superior court costs may be awarded as justice requires. Section 4. Section forty-two of said chapter fourteen, as amended by section five of said chapter three hundred and forty-two, is hereby further amended by inserting before the word "underground", in the second line, the word: — poles, — so as to read as follows: — Section 42. If the value of the real estate, machinery and poles, underground conduits, wires and pipes of a corporation subject to local taxation within the commonwealth, as determined by the tax commissioner, is less than the value thereof as determined by the assessors of the place where it is situated, he shall give notice of his determination to such corporation ; and, unless within one month after the date of such notice it applies to said assessors for an abatement and, upon their refusal to grant an abatement, prosecutes an appeal under the provisions of sec- tion seventy-seven of chapter twelve, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be conclusive upon said corporation. Section 5. This act shall take effect upon its passage. [Approved May 24, 1909. ADDITIONAL CORPORATE FRANCHISE TAX, ETC. 161 determination. The amount of tax assessed upon polls for the [For r. l. is. preceding year, as certified to said secretary, may be taken as the io6.\ set amount of poll tax to be deducted from the whole amount to be raised by taxation, in ascertaining the amount to be raised upon property. Section 129. If the value of the real estate and machinery Remedy of of a street railway company subject to local taxation within the when'assess- commonwealth, as determined by the tax commissioner, is less oFVeai estate 1 than the value thereof as determined by the assessors of the place commfs- ta:v where it is situated, he shall give notice of his determination to iggl^ss § 6 such company; and, unless within one month after the date of fg 9 |" ^v 5 41 ' such notice it applies to said assessors for an abatement, and, &■ L „! , 14 - • '-' . . - l \ . ' 137 Mass. 81. upon their refusal to grant an abatement, prosecutes an appeal 146 Mass. 403. 1 , , . . *> . ' 1 j. , 1X , 152Mass.384. under the provisions oi section seventy-seven oi chapter twelve i67 Mass. 522. of the Revised Laws, giving notice thereof to the tax commis- \ rr t see page's sioner, the valuation of said commissioner shall be conclusive 106 - 106 ~* upon said company. B. Additional Corporate Franchise Tax. Section 130. If an operating street railway company, in- ^j.^"™ 1 eluding a company whose lines are located partly within and f^ 11 '^^:- partly without the limits of the commonwealth, whether char- § 3. ' tered or organized under the laws of this commonwealth or else- where, has paid during the year ending on the thirtieth day of September preceding the date of the return required by section one hundred and twenty-five dividends exceeding in the aggre- gate eight per cent upon its capital stock, it shall for every such year, in addition to the tax required by section one hundred and twenty-eight, pay a tax equal to the amount of such excess to be determined as therein provided by the tax commissioner; but such additional tax shall not be imposed, if, from the date when the company commenced to operate its railway, it has not paid dividends equivalent in the aggregate to at least six per cent per annum upon its capital stock from year to year. C. Exemption and Apportionment. Section 131. jSTo taxes shall be assessed in a city or town ^mXl":'^" for state, county or town purposes, upon the shares in the capital A axati ?[ 1, stock of a street railway company for any year for which il pays "'.'j" s to the treasurer and receiver general a tax on its corporate fran- ie. chise. The tax collected of each streel railway company under i866!29i!|2. the provisions of sections one hundred and twenty-eighl and one 1887,22s! hundred and twenty-nine shall be apportioned among the several [fff; Vi'f; *.->:*! cities and towns in proportion to the length of tracks operated by {•>,„',■ ,'; such company in said cities and towns respectively. The share J'"', 1 ' ,", ' ,,' of the tax paid by a street railway company in resped of its ffjjMass 569. i i " ii i'i i < * 1* I lov A1&SS< 0DV1 tracks upon locations granted by the board 01 metropolitan park commissioners or by the Wachusetl mountain state reservation commission shall be apportioned to (lie commonwealth and -ball be credited by the treasurer and receiver general to the sinking 1(32 COMMUTATION TAX. Tax commis- sioner d> deter- mine amounts due to cities ami towns. 1865, 283, § 15. P S. 13, § 58. L898, 1 - 5. R. L. 14, § 62. fund of the loan to which the expenditure for the road, boulevard, park or reservation in which the tracks are located was charged. Se< i 'ion L32. The tax commissioner shall, subject to appeal to the board of appeal, ascertain and determine the amount due to each city and town under the provisions of the preceding sec- tion, notify the treasurer of each city and town thereof and certify the amount as finally determined, to the treasurer and receiver general, who shall thereupon pay over the same. Annual returns to assessors. 1898, 417; 578, § 6. ft. L. 14, § 43. Excise tax. 1898, 417; 578, § 7. R. L. 14, § 44. D. Commutation Tax. Section 133. A street railway company, including a com- ] any whose lines are located partly within and partly without the limits of the commonwealth, whether chartered or organized under the laws of this commonwealth or elsewhere, shall annu- ally, on or before the fifteenth day of October, make and file in the office of the board of assessors of every city and town in which any part of the railway operated by it is situated a return signed and sworn to by its president and treasurer, stating the length of track operated by it in public ways and places in such city or town, and also the total length of track operated by it in public ways and places, determined as provided in section one hundred and twenty-five, and also the amount of its gross receipts during the year ending on the preceding thirtieth day of Sep- tember, including therein all amounts received by it from the operation of its railway, but excluding income derived from sale of power, rental of tracks or other sources. Section 134. On or before the first day of November annu- ally, the assessors of every city and town in which a street rail- way is operated, including a company whose lines are located partly within and partly without the limits of the commonwealth, whether chartered or organized under the laws of this common- wealth or elsewhere, shall assess on each company described in the preceding section operating a railway therein an excise tax of an amount equal to such proportion of the following percent- ages of the gross receipts of such company as the length of tracks operated by it in public ways and places of such city or town bears to the total length of tracks operated by it in public ways and places. The percentages shall be based upon the annual gross receipts for each mile of track as follows and computed upon the aggre- gate of said annual gross receipts: four thousand dollars or less, one per cent; more than four thousand dollars and less than seven thousand, two per cent; more than seven thousand dollars and less than fourteen thousand, two and one quarter per cent; more than fourteen thousand dollars and less than twenty-one thousand, two and one half per cent; more than twenty-one thousand dollars and less than twenty-eight thousand, two and three quarters per cent; twenty-eight thousand dollars or more, three per cent. The excise tax provided by this section shall be in addition to the taxes otherwise provided by law. APPLICATION OF TAXES. 163 Section 135. The aldermen of a city, the selectmen of a Revision of town or a street railway company operating in such city or town ills, 578, §8. may petition the board of railroad commissioners for a revision R-L.u,§45. of the amount of the excise tax to be paid by a company under the provisions of the preceding section. Said board shall, upon such petition, after public notice and a hearing at which said aldermen or selectmen and said company may submit evidence, determine the average annual cost to said city or town of the work done by it during the preceding three years under the pro- visions of this act which it was not by law required to do prior to the first day of October in the year eighteen hundred and ninety-eight, and also the average annual payments made by said company to said city or town under and pursuanl to the provisions of the preceding section during said three years; and having determined said average annual cost and average annual payments, said board shall fix and determine the proportion of a percentage of the gross receipts which shall be paid as an excise tax under the provisions of said section by the company to said city or town annually thereafter, said percentage to be fixed at such a rate as will be necessary to yield to said city or town annually thereafter an amount equal to the average annual cost to said city or town determined as aforesaid; and the per- centage so fixed shall not be again changed for the period of three years and only in the maimer herein provided. Said board may at any time upon petition therefor by a city or town entitled to a part of the excise tax paid by a street railway company, after such notice as the board may order to all other cities and towns entitled to share in the excise tax paid by said company, and after a hearing, determine as to the distribution thereof among the several cities and towns in which such company operated any part of its railway, and fix the proportions thereof to which they shall respectively be entitled, which shall thereafter he the pro- portions of said excise tax to be assessed upon said company, instead of the proportion based upon length of tracks as herein- before provided. Section 13(1. Prior to the fifteenth day of November in Notice to tax each year, the assessors of every city and town shall notify the amountof collector of taxes thereof of the amount of excise tax assessed 1898, 578,' § 9. therein under the provisions of section one hundred and thirty- R - L - 14 -8 four, and the collector shall forthwith notify the treasurer of every street railway company of the amount of excise tux so assessed upon it, which shall become due and payable within thirty days after the receipt of such notice. The provisions of chapter thirteen of the Revised Laws, so far as appropriate, shall apply to the collection of such excise tux. E. A j)/>lic(i/i 15 general a tax on their corporate franchises, or, in the case of safe p^y^ i-f deposit, loan and trust companies, for any year for which they pay a lssy, 228. tax as provided in section thirty-five. Such proportion of the tax lsgs] 4i7';*57s\ collected of each corporation, company or association under the provi- f | o 4^3 §5 sions of sections thirty-six, fortv, fifty-one and fifty-two, except street 1901* 413.' §4. ., . ', ', ,. n ., 1 j 135 Mass. 569. radway companies, as corresponds to the proportion of its stock owned 139 Mass. 559. by persons residing in this commonwealth shall be distributed, credited and paid to the several cities and towns in which, from the returns or other evidence, it appears that such persons resided on the preceding first day of May, according to the number of shares so held in such cities and towns respectively. Such proportion of the tax paid by safe deposit, loan and trust companies under the provisions of section thirty- five as corresponds to the amount of property held by it in trust or on deposit, as described in said section, for beneficiaries or depositors resi- dent in this commonwealth shall be distributed, credited and paid to the several cities and towns in which, from the returns or other evidence, il appears that such beneficiaries and depositors resided on the first day of the preceding May, according to the aggregate amount so held for beneficiaries and depositors residing in such cities and towns re- spectively. If stock is held by co-partners, guardians, executors, ad- ministrators or trustees, (he proportion of tax corresponding to the amount of stock so held shall be credited and paid to the cities and f >wns where the stock would have been taxed under the provisions of ' '.mses four, live, six and seven of section twenty-three and section i wenty-seven of chapter twelve. If a city or town owns stock in any corporation taxed upon its corporate franchise under the provisions of this chapter a return to said city or town shall he made as if il were owned by persons resident therein. The tax collected of each streel railway company under the provisions of sections forty and forty-one shall be apportioned among the several cities and towns in proportion to the length of tracks operated by such company in said cities and 1(36 DISSOLUTION. towns respectively. The share of the tax paid by a street railway company in respect of its tracks upon local inns granted hy the board of metropolitan park commissioners or by the "Waclmsett mountain slate reservation commission shall be apportioned to the commonwealth and shall be credited by the treasurer and receiver general to the sinking fund of the loan to which the expenditure for the road, boulevard, [ark or reservation in which the tracks are located was charged. DISSOLUTION. SffsMU. Section 138. If a majority in interest of the stockholders g s 68 '« 35 °^ a street railway company desire to close its affairs, they may p.' S. 105, 5 40. file a petition therefor in the supreme judicial court or the 7 Gray, 119, "' superior court, setting forth in substance the grounds of their 9Gray,34. application, and the court, after notice to parties interested and 99 Mass.* 267.' a hearing, may decree a dissolution of said company. A com- ii9 Mass. 447. p anv so dissolved shall be held to be extinct in all respects as if its corporate existence had expired by its own limitation. for^^years Section 139. Every street railway company whose charter to close con- expires by its own limitation or is annulled by forfeiture or cents. L 81 43, 87 otherwise, or whose corporate existence for other purposes is G.'s."68,'§ 36. terminated in any other manner, shall nevertheless he continued n. l. 109, § 53! as a body corporate for three years after the time when it would 22 Pklf.' 180.' have been so dissolved, for the purpose of prosecuting and de- i23 P Mass 3 32. fending suits by or against it, and of enabling it gradually to i6i Mass. 443. se n\ e and close its affairs, to dispose of and convey its prop- erty, and to divide its capital stock, but not for the purpose of continuing the business for which it was established. fs^l'iTI.' Section 140. If the charter of a street railway company r. s. 44, §§8, expires or is annulled, or if the company is dissolved as pro- J^s?. 55. § 2- vided in section one hundred and thirty-eight, or if its corpo- G. S. 68, §§ 37, . . . . . , . , 38. rate existence lor other imrposes is terminated m any other P S 105 ... . §§42,43! manner, the supreme judicial court or the superior court, upon r. l! 109,' § 54. application of a creditor or stockholder, shall have jurisdiction 157 Mass. 81. - n e q U ^ v ^ appoint one or more receivers to take charge of its estate and effects, and to collect the debts and property due and belonging to it; with power to prosecute and defend suits in its name or otherwise, to appoint agents under them, and to do all other acts which might be done by such company, if in being, which may be necessary for the final settlement of its unfin- ished business. The powers of such receivers may be continued as long as the court finds necessary for said purposes, •md distribute 8 Sectiox 141. The receivers shall pay all debts due from the is33 lu i45 company, if the funds in their hands are sufficient therefor; R.s'44, §10. and if they are not, they shall distribute them ratably among G.S.'68,'§ 39. the creditors who prove their debts in the manner directed by r.l. 109,1 55! any decree of the court for that purpose. If there is a balance 1 Gray, 382. rema i nm g a ftor the payment of the debts, the receivers shall distribute and pay it to those who are justly entitled thereto as having been stockholders of the company, or their legal repre- sentatives. SALE BY RECEIVERS. 1(57 Section 142. Tf a petition, signed and sworn to by a ma- Surrender of certificate of jority in interest of the stockholders of a street railway com- incorporation. 18Q8 50'' pany organized under the general laws, has, with the certificate r.'l 109,' § .56. of incorporation, been filed in the office of the secretary of the commonwealth, stating that such stockholders desire to sur- render the certificate of incorporation and to have the company dissolved and giving their reasons therefor, the secretary, if he consider snch reasons sufficient, shall require the petitioners to publish a notice in one or more newspapers in the county in which the principal office of the company is located, that, for reasons which appear to him to be sufficient, the certificate of incorporation of the company therein named is annulled. Upon the filing by the petitioner with the secretary of a copy of each newspaper in which the notice of dissolution was ordered to be published, the company shall be dissolved, subject to the provi- sions of the three preceding sections. Section 143. If a street railway company is dissolved, the Return? to clerk of the court in which the decree for dissolution is entered the common- shall forthwith make return thereof to the secretary of the com- dissolution, monwealth, giving the name of the company dissolved, and the p 88 s/ 105 " « 45 . date upon which snch decree was entered. R - L - 109 - » 57 - SALE BY RECEIVERS. Section 144. A receiver of the property of a street railway Sale of railway company may, by order of the court, sell and transfer the rail- i90oT38i??§ 1, Avay and property of snch company, its locations and franchises, r'.'l. 112. § 12. on such terms and in such manner as the court may order. The J:!i, Ma88, 525, purchasers from snch receiver, and a company organized under the provisions of the following section, if such railway has been transferred to it, shall hold and possess said railway, all its rights and franchises and all property acquired in connection therewith, with the same rights and privileges and subject to the same duties and liabilities as the original street railway company; but no action shall be brought against such pur- chasers or snch new company, to enforce any liability incurred by said original company, except debts and liabilities owing from said original company to any city or town within which the railway is operated and taxes and assessments for which said original company is liable under the statutes relating to street railways, which shall be assumed and paid by said new company. The provisions of this section shall nnf impair the powers of the holders of an outstanding mortgage to enforce their rights by suit or otherwise. Section 145. The purchasers at such sale shall, with their » ■"•■ ipntof , , ,. , p f, .... , associal ion i f associates, to the number ot at least fifteen, withm sixty days newcompany. c , , , • £ n e t ' 1 r ' 1900,381, §§ 3, alter such sale, organize a company tor the purpose o| holding, 4,5. owning and operating the street railway purchased, by tiling in 55 13,14.' the office of the secretary of the commonwealth a written agree g|y Ma ment of association, which shall state: 108 SAVINGS BANKS. (a) That the subscribers thereto associate themselves with the intention of forming a street railway company. (/;) The corporate name assumed, which shall bo one not in use by any other street railway company in this commonwealth, or, in the judgment of the hoard of railroad commissioners, so similar thereto as to he likely to be mistaken for it, and which shall contain the words, "street railway company", at the end thereof. (c) The corporate name of the street railway company whose property and franchises have been purchased. (J) The termini of the railway. (r) The length of the railway, as nearly as may be. (/) The name of each city and town in which the railway is located. (g) The name of the court by which the sale was ordered, the date of such order, and the date of the sale. (h) The total amount of the capital stock of the company, which shall be fixed at an amount approved by the board of railroad commissioners, but which shall not exceed the fair cost, as determined by said board, of replacing the railway and property so acquired, less the amount of any outstanding mort- gages to which said railway and property may be subject in the hands of the new company. (i) The par value of the shares, which shall be one hundred dollars. (j) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall snbscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take. ?9W), n as a i t , 1 §§'3 > Section 14P>. The secretary of the commonwealth shall re- r 5 l in? ceive the agreement of association, and preserve the same in li^Ma 14 ' 527 f° rm convenient for reference and open to public inspection, and shall issue a certificate of incorporation in the form which is authorized by section nine. Thereupon, the company shall organize in the manner provided for the organization of a street railway company under general laws. Sneh company may be- gin business as soon as it is organized, and shall have all the rights and be subject to all the duties of a street railway com- pany, except as otherwise provided in this and the preceding section. If said purchasers fail to organize a company as here- inbefore provided, all rights and powers to operate said rail- way .-hall thereupon cease. SAVINGS BANKS. m :l v v n in Section I 17. Tn addition to the investments authorized by mihvaybon^L. section twenty-six of chapter one hundred and thirteen of the 1902, 483, § i. Revised Laws, savings banks and institutions for savings may invest their deposits and the income derived therefrom in the bonds, approved by the bank commissioner, as hereinafter pro- 169a [See pages 168, 169, §§ 147, etc.] 1908. Chapter 590, § 68, clause 5. STREET RAILWAY BONDS. Savings banks Fifth. Tn the bonds of any street railway company incorporated in may invest m . ' ' . J L ' other street this commonwealth, the railway of which is located wholly or in part nu ua. 3U s, jjjgjgjjj^ an( ] -which has earned and paid in dividends in cash an amount equal to at least five per cent upon all its outstanding capital stock in each of the five years last preceding the certification by the board of railroad commissioners hereinafter provided for. No such investment shall be made unless said company appears from returns made by it to the board of railroad commissioners to have properly paid said dividends without impairment of assets or capital stock, and said board shall on or before the fifteenth day of January in each year certify and transmit to the bank commissioner a list of such street railway companies. Dividends paid by way of rental to stockholders of a leased street railway company shall be deemed to have been earned and paid by said company within the meaning of this clause, provided that said company shall have annually earned, and properly paid in dividends in cash, with- out impairment of assets or capital stock, an amount equal to at least five per cent upon all its outstanding capital stock in each of the five fiscal years next preceding the date of the lease thereof. If two or more street railway companies have been consolidated by purchase or otherwise during the five years prior to said certification, the payment severally from the earnings of each year of dividends equiva- lent in the aggregate to a dividend of five per cent on the aggregate capital stocks of the several companies during the years preceding such consolidation shall be sufficient for the purpose of this act. Eighth. . . . c. A bond or note of a gas, electric light, telephone or street railway corporation incorporated or doing business in this com- monwealth and subject to the control and supervision thereof: pro- vided, that the net earnings of said corporation, after payment of all operating expenses, taxes and interest, as reported to, and according to the requirements of, the proper authorities of the commonwealth, have been in each of the three fiscal years next preceding the making or renewing of such loan equal to not less than four per cent on all its capital stock outstanding in each of said years. BOOKS, RETURNS AND REPORTS. 169 vided for, of any street railway company incorporated in this commonwealth, the railway of which is situated wholly or partly therein, and which has earned and paid annually for the five years last preceding the certification hereinafter provided for of the board of railroad commissioners dividends of not less than five per cent per annum upon all of its outstanding cap- ital stock. In any case where two or more companies have been consolidated by purchase or otherwise during the five years prior to the certification aforesaid the payment severally from the earnings of each year of dividends equivalent in the aggre- gate to a dividend of five per cent upon the aggregate capital stocks of the several companies during the years preceding such consolidation shall be sufficient for the purpose of this section. Dividends paid to the stockholders of the West End Street Rail- way Company by way of rental shall be deemed to have been earned and paid by said West End Street Railway Company within the meaning of this section. Section 148. The board of railroad commissioners shall on Railroad com- or before the fifteenth day of January of each year transmit ™ a ^ni7ii-'t\o to the bank commissioner a list of all street railway companies ^oner C ° nmus which appear from the returns made by said companies to have 1902 - 483 - § 2. properly paid, without impairment of assets or capital stock, the dividends required by the preceding section. Section 149. The bank commissioner shall, as soon as may Bank commis- be after the receipt of the list provided for in the preceding p££ e Lts. pre section, prepare a list of such bonds issued by any street rail- 1902, 483, § 3- way company and certified by the board of railroad commis- sioners, in accordance with the provisions of the preceding sec- tion, as the bank commissioner shall deem good and safe securi- ties for the investments of savings banks and institutions for savings. Snch list shall at all times be kept open to the inspec- tion of the public. Section 150. Savings banks and institutions for savings Savings hanks may invest their deposits and the income derived therefrom in cenain'"'.!'. 1 "' 11 the note or notes of any citizen of this commonwealth, with a Mroi^teraL* pledge as collateral, at not more than the par value thereof, of 1904 ,210, the bends of a street railway company in which the savings banks of the commonwealth are authorized by law to invest. BOOKS, RETURNS AND REPORTS. Section 151. Every street railway company shall keep its Books and books and accounts in :i uniform manner, upon the system pre- i857.40.§§5, scribed by the board of railroad commissioners; and the direct- i858,46,§8. ors of every company shall annually, on or before the first §5143,144 Wednesday of November, transmit to said board a return of '^nr'n'.' the doings of the company for the year ending on the thirtieth [fyilfgj day of September preceding, which shall be sworn to by them ^ _■;.-' ■,•"::'•. :, j;. selves and by the treasurer and the superintendent of the com- H, ,, o i' in c • r i P. S. 113, § 58. pany. Such return shall set forth copies of all leases and eon- R.L u tracts made during the year with other companies and individ- uals, and shall contain full and complete information upon the 170 ADDITIONAL REMEDIES. several items contained in the form prescribed by said board. A company which owns a leased railway shall be responsible for the completeness and correctness of its annual return to the same extenl as if the railway wore in its own possession. If a return is defective or appears to be erroneous, the said board shall notify the company to amend it within fifteen days. A company which neglects to make a return, or to amend it when in it i tied so to do, shall forfeit twenty-five dollars for each day during which such neglect continues. road'eom^fs- Section 152. The board of railroad commissioners may • si , ra y av r make changes in and additions to the form of the returns re- change form of ° ...... returns; to (pi i red by the preceding section, if it gives to the several com- 1857,240, § i panies one year's notice of anv such changes and additions as 1864, 229, § 42! require an alteration in the method or form of keeping their p. s.' 113,' §59! accounts; and shall annually, on or before the fifteenth day of u. l. 112, § 94. g e ptember, furnish blank forms for such returns. abstractfof Section 153. The board of railroad commissioners shall SoSS^Sii * C r prepare tables and abstracts of the returns of the several com- li>i 1, .i&l, § 55. rl . - . . , tit -it r't iil'lofi P ames > ano - transmit said returns and tables and abstracts to the secretary of the commonwealth at the time and in the man- ner provided in section five of Part I for the transmission of the returns of railroad corporations. streetrafiway Section 151. The lessee of a street railway shall make to rei. I or a t k to Same th e company which owns it the same annual return under oath is64 r ''"9 24 °^ * ne operations and business of the railway as is required of i87i| 38i| § 32. the company which owns it; and, for failure so to do, shall be r. l. 112, § 97! liable in an action of tort to said company for all the penalties prescribed by law for failure by it to make its annual return. proceedings Section 155. Every state board and commission shall keep i ) 89s re 578 a § d 25 a recor d of its proceedings in any matter considered by it under i92 L M 112 ' 93 98 ' * ne P rov i s i° ns °f this chapter or under any laws affecting street railways, in which it shall enter every request made by any party before it for a ruling of law and of its action upon such request, and the neglect either to grant or refuse such request shall be taken in any judicial review of such proceedings as a refusal. ADDITIONAL REMEDIES. fladcomnS- Section 156. Tf, in the judgment of the board of railroad no("ify S iiVtor- couimissioners, a street railway company has violated any law 'ToiiTion^of'^ relative to such company, and after notice in writing from said VL"'- e, /,V- * - board, continues such violation, or refuses or neglects to make lbiO, 60 1 ,§5; -iii it in 383, § 1 returns as required bv law, or to amend the same when law- El. l. 112, § 99! fully required so to do, said board shall forthwith present the facts to the attorney-general for his action. Kw's ement Section 157. The supreme judicial court or the superior tiei; 229; 1 43. ( ''>ni"t shall have jurisdiction in equity, upon the petition of a L871* iff* §57 '- ,,,< ' , ' , railway company, or of the board of aldermen of a city ■Pg|[. 'n|, '§ 63. or the selectmen of a town in which the street railway is lo- 1898! 578,' § 25. cated, or of any interested party, to compel the observance of § ioo. " and to restrain the violation of all laws which govern street 9. 92, 93, in;. ADDITIONAL REMEDIES. " 171 railway companies, and of all orders, rules and regulations leiMass. 416. made in accordance with the provisions of this chapter by the 184 Mass! 310! board of aldermen of a city, the selectmen of a town or the board of railroad commissioners, and to review, annul, modify or amend the rulings of any state board or commission relative to street railways as law and justice may require. Section 158. Sections forty-one, forty-three, forty-four, Repeal, forty-five, forty-six and forty-seven of chapter fourteen of the Revised Laws, section twenty-two of chapter one hundred and six of the Revised Laws, chapter one hundred and twelve of the Revised Laws ; chapters two hundred and eighty-eight, three hundred and seventy, three hundred and ninety-five, three hun- dred and ninety-six, three hundred and ninety-nine, four hun- dred and forty-nine and four hundred and eighty-three of the acts of the year nineteen hundred and two; chapters one hun- dred and thirty-four, one hundred and forty-three, two hundred and two and four hundred and seventy-six of the acts of the year nineteen hundred and three; chapters one hundred and ten, two hundred and ten, two hundred and sixty-seven, three hundred and seventy-three and four hundred and forty-one of the acts of the year nineteen hundred and four; chapters eighty, one hundred and thirty-four and three hundred and seventy-six of the acts of the year nineteen hundred and five ; and, so far only as they apply to street railways or street railway compa- nies, their officers, agents or employees, sections thirty-seven, thirty-eight, thirty-nine, forty, forty-two, sixty-one and sixty- two of chapter fourteen of the Revised Laws, section one of chapter thirty-four of the Revised Laws, section twenty-one of chapter forty-seven of the Revised Laws, section eighty-five of chapter forty-eight of the Revised Laws, sections nine, ten, eleven, fifteen, seventeen, eighteen, nineteen, twenty, twenty- one, twenty-four, twenty-five, twenty-seven, twenty-eight, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, forty, forty-one, forty-two, forty-three, forty-four, forty-five, forty- six, forty-seven, forty-eight, forty-nine, fifty, fifty-one, fifty- two, fifty-three, fifty-four, fifty-five, fifty-six and fifty-seven of chapter one hundred and nine of the Revised Laws, section twenty-eight of chapter one hundred and ten of the Revised Laws, section eleven of chapter one hundred and twenty-six of the Revised Laws; chapter four hundred and twenty-three of the acts of the year nineteen hundred and three; chapter three hundred and ninety-six of the acts of the year nineteen hun- dred and four; and chapters two hundred and sixty-six, two hundred and sixty-seven, two hundred and eighty-three and three hundred and thirty-nine of the acts of the year nineteen hundred and six are hereby repealed. Section 159. The provisions of Ibis act, so far as they are Provisions. the same as those of existing statutes, shall be construed as a of,"etc UC ' continuation thereof, and not as new enactments, and a refer- ence in a statute which has not been repealed to provisions of law which have been wholly or partially revised and re-enacted 172 ADDITIONAL REMEDIES. herein shall he construed as applying to such provisions as so incorporated in this act. The repeal of a law by this act shall not affect any act done, ratified or confirmed, or any right ac- crued or established, or any action, suit or proceeding com- menced under any of the laws repealed hefore the repeal took effect, or any action, suit or proceeding pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the laws repealed, but the proceedings shall, when necessary, conform to the pro- visions of this act. Any provision of this act by which a pun- ishment, penalty or forfeiture is mitigated may be extended and applied to any judgment pronounced after said repeal. Not to affe.-t Section 160. This act shall not affect anv act passed in the certain;).*-. m . «/ r > unless, etc. year nineteen hundred and six unless such act is specifically repealed herein. [Approved June 7 ', 1906. The Electric Railroad Law. Chapter 516 of the Acts of 1906. AN ACT RELATIVE TO ELECTRIC RAILROAD COMPANIES. Sections 1-13. Formation and powers. Sections 14-20. Taxation. Section 27. Interested parties. FORMATION AND POWERS. Section 1. Fifteen or more persons may associate them- Formation, selves by a written agreement of association with the intention of forming an electric railroad company. Section 2. Such company shall have authority, subject to p OW ers. the provisions of this act, to construct, operate and maintain a railroad or railway, including poles, wires, or other appliances and equipment connected therewith, of the class operated by electricity or by any power other than steam, which the board of railroad commissioners shall approve, and constructed wholly upon private land purchased or taken by said company under tlic provisions of this act; or constructed partly upon such pri- vate land so purchased or so taken by said company and partly upon public ways and places, but at least one half of which is constructed upon such private land. Such company shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, relative to railroad corporations, set forth in chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, except as is otherwise spe- cially provided in this act. Section 3. The agreement of association shall state: — Agreement of (a) That the subscribers thereto associate themselves with corporate the intention of forming an electric railroad company. 1872%3. C § 2. (h) The corporate name assumed, which shall be one not in § 8 2 'o.' " use by any other electric railroad company in the Common- j? 7 s.' nl ' 1 35 wealth, or, in the judgment of the board of railroad commis- rlioosI 6 ' sioners, so similar thereto as to be likely to be mistaken for it, ^," /,","' ''':'• or tor any railroad corporation or street railway company in this Commonwealth, and which shall contain the words, "elec- tric railroad company ", at the end thereof. (c) The torin in i of the railroad. (d) The length of the railroad, as nearly as may be. ( c) The name of each county, city and town in which the railroad is to be located. 174 FORMATION" AND POWERS. Publication of agreement of association. L872, 53. § 5. 1S71. 372, § 22 P. S. 112, § 37 R. L. Ill, § 38 .SVe 1906, 463, Part II, § 16. Certificate of public con- venience and necessity. Exigency. Map, etc. 1882, 265, 5 1. R. L. Ill, § 40. .See 1906, ASS, Part II, §§ 17, 18. Proceedings before boards of aldermen or selectmen. See 1906, 463. Part II, § 19. (/) The gauge of the railroad, which shall he four feet eight and one half inches. (g) The total amount of the capital stock of the company, which shall be not less than ten thousand dollars for each mile. (h) The par value of the shares, which shall he one hundred dollars. (i) The names and residences of at least five persons, who shall he suhscrihers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take, but no subscriber shall be hound to pay more than ten per cent of the amount of his subscription unless a company is incorporated. Section 4. The directors, before applying to the board of railroad commissioners as hereinafter provided, shall cause a copy of the agreement of association to be published in a news- paper, if there be any, published in each of the cities and towns in which the railroad is to be located, and if, in any county, a newspaper is published in none of said cities and towns therein, in such newspaper published in said county as shall be desig- nated by the board of railroad commissioners, at least once in each of three successive weeks ; and the sworn certificate of the clerk shall be conclusive evidence thereof. Section 5. After compliance with the provisions of section one and of the two preceding sections, and within thirty days after the first publication of notice of the agreement of associa- tion therein required, the directors therein named shall apply to the board of railroad commissioners for a certificate that public convenience and necessity require the construction of a railroad as proposed in such agreement. With such applica- tion said directors shall file a map of the railroad showing the cities and towns through which it will pass, the principal high- ways, railways, railroads, navigable streams and tide waters to be crossed, and the extent to which the route of the railroad will be fixed upon private land or will be located longitudinally upon public ways and places. They shall also file a general profile of the railroad showing the grades, and shall submit an estimate showing in reasonable detail the cost of construction. The directors shall also furnish such additional maps and in- formation as said board may require. Prior to the decision of said board the directors may change or modify the route in any city or town in whole or in part either at the suggestion of said board or otherwise. If said board refuses to issue such certifi- cate, no further proceedings shall be had, but the application may be renewed after one year from the date of such refusal. Section 0. In case the board of railroad commissioners grants the certificate specified in the preceding section, the di- rectors may, within sixty days after the granting thereof, apply to the board of aldermen of each city and to the selectmen of each town in which the railroad is to be located to fix the route 1746 [See pages 175, § 7, 178, § 2.] 1908. Chapter 450. An Act relative to Electric Railroad Companies. Section seven of chapter five hundred and sixteen of the acts of the 1906, 516, S :. year nineteen hundred and six, as amended by section two of chapter \\ a mend«I.' four hundred and twenty-eight of the acts of the year nineteen hun- dred and seven, is hereby further amended by inserting a tier the word "town", in the twelfth line, the words: — except as hereinafter pro- vided, — and by adding at the end of said section the words : — In case the route in any city or town, as fixed either by the board of aldermen or selectmen, or by the board of railroad commissioners, in the manner hereinbefore provided, is different from the route designated in the ap- plication of the directors, and in case said change of route in the opinion of the directors makes it desirable to change the route of said railroad in any of the other cities or towns through which the route of said rail- road passes, or in case in the opinion of the directors it becomes desir- able to change the route of the railroad so as to pass through any cities or towns not named in the agreement of association of said railroad com- pany or to change the route so as no longer to pass through certain cities or towns in which the directors have applied to have the route fixed, then the directors may at any time before the route in all the cities and towns is finally fixed, or within thirty days thereafter, apply to the board of railroad commissioners for leave to apply again to the board of alder- men or selectmen of any cities or towns to fix a new route other than that originally applied for within such cities or towns, or to apply to the board of aldermen or selectmen of any cities or towns not named in the agreement of association of said railroad company to fix a route of the railroad passing through such cities or towns, or for leave to aban- don the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed. With such application to the board of railroad commissioners the directors shall file a map and gen- eral profile showing the change in the route as proposed, which map and general profile shall be in the same form as those filed under the pro- visions of section five, and the directors shall also furnish such addi- tional information as the board may require. The board shall give a public hearing upon such application after giving such notice to the directors and to the board of aldermen or selectmen of such cities or towns as it may deem requisite. In case the board authorizes the directors to apply to any cities or towns to fix a route other than that designated in the original application, then all proceedings hitherto taken in regard to fixing the route in such cities or towns shall become null and void, and the directors shall, within sixty days thereafter. again apply to the board of aldermen of such cities and to the selectmen of such towns to fix anew the route of the railroad in such cities or towns, and with such application shall file a copy of the maps and gen eral profile of such proposed altered route, and, upon request, the other information presented to the hoard of railroad commissioners. The proceedings thereafter upon such application shall he the same as those provided in the case of an original application. And in case the hoard of railroad commissioners authorizes the directors to apply to any cities or towns not named in said agreement of association to tix a route of the railroad passing through said cities or towns, then the directors shall, within sixty days after the granting of such authority, apply to the 174c board of aldermen or selectmen of such cities or towns to fix the route of llir railroad in such cities or towns. Said application shall be made in the same manner and the proceedings thereon shall be the same as in the case of an application to fix the route of the railroad to the board of aldermen or selectmen of a city or town originally named in the agreement of association of such railroad company. In case the board authorizes the directors to abandon entirely the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed, then any action taken in regard to fixing the route in such cities or towns shall become null and void, and the railroad company shall be under no obligation to construct its railroad therein. The order of the railroad commissioners authorizing the directors to apply for a route of the railroad in any city or town not named in the agreement of association or the order of railroad commissioners under which the route in any cities or towns is abandoned, shall operate as an amendment to the clauses in said agreement of association which name the cities or (owns in which the railroad is to be located, and the terminal thereof, and a certified copy of said order shall be attached to the agreement of Fixins route association, — so as to read as follows : — Section 7. If the route desig- roada ' '"'' ""'" nated in the application is agreed to by the board of aldermen or the selectmen, and all requirements in respect of the part of said route located longitudinally upon public ways and places are assented to by the directors, and thereafter are approved in writing by the board of railroad commissioners, the board of aldermen or the selectmen shall make a certificate setting forth the route as fixed by them, which shall be certified by said board or their clerk to the directors, and no further proceedings shall be necessary, but the route so agreed to shall be the route of said railroad in such city or town, except as hereinafter pro- vided. If the board of aldermen or the selectmen agree with the direct- ors upon a route different from that designated in the application, or fail within ninety clays after the date of the filing of the application to agree with the directors upon a route, or as to requirements in respect of the part of the route located longitudinally upon public ways and places which meet with the approval of the board of railroad commis- sioners, the directors or the board of aldermen or selectmen within one hundred days after the date of the filing of the application may apply to the board of railroad commissioners, which may, in its discretion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hearing, fix the route and determine the grades and method of constructing said railroad in such city or in such town, and no change shall thereafter be made by the directors in the grades or method of construction so determined without the approval in writing of the board of railroad commissioners after notice to the board of aldermen or selectmen and after public notice and a hearing. Said board shall thereupon make a certificate setting forth the route as fixed by it, which route shall be certified by its clerk to the directors. In fixing such route the board of railroad commissioners shall not locate it longitudinally upon any public way or place in such city or town without the consent of the board of aldermen of such city or the select- men of such town. That part of the route which consists of a location longitudinally upon a public way or place shall not be deemed to be lived until all requirements which may be imposed in respect of it by the board of aldermen, or the selectmen, as the case may be, are approved in writing by the board of railroad commissioners. In case the route 171c/ in any city or town, as fixed either by the board of aldermen or select- men, or by the board of railroad commissioners, in the manner herein- before provided, is different from the route designated in the applica- tion of the directors, and in case said change of route in the opinion of the directors makes it desirable to change the route of said railroad in any of the other cities or towns through which the route of said rail- road passes, or in case in the opinion of the directors it becomes desir- able to change the route of the railroad so as to pass through any cities or towns not named in the agreement of association of said railroad company, or to change the route so as no longer to pass through certain cities or towns in which the directors have applied to have the route fixed, then the directors may at any time before the route in all the cities and towns is finally fixed, or within thirty days thereafter, apply to the board of railroad commissioners for leave to apply again to the board of aldermen or selectmen of any cities or towns to fix a new route other than that originally applied for within such cities or towns, or to apply to the board of aldermen or selectmen of any cities or towns not named in the agreement of association of said railroad company to fix a route of the railroad passing through such cities or towns, or for leave to abandon the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed. With such applica- tion to the board of railroad commissioners the directors shall file a map and general profile showing the change in the route as proposed, which map and general profile shall be in the same form as those filed under the provisions of section five, and the directors shall also furnish such additional information as the board may require. The board shall give a public hearing upon such application after giving such notice to the directors and to the board of aldermen or selectmen of such cities or towns as it may deem requisite. In case the board authorizes the direct- ors to apply to any cities or towns to fix a route other than that desig- nated in the original application, then all proceedings hitherto taken in regard to fixing the route in such cities or towns shall become null and void, and the directors shall, within sixty days thereafter, again apply to the board of aldermen of such cities and to the selectmen of such towns to fix anew the route of the railroad in such cities or towns, and with such application shall file a copy of the maps and general profile of such proposed altered route, and, upon request, the other informa- tion presented to the board of railroad commissioners. The proceedings thereafter upon such application shall be the same as those provided in the case of an original application. And in case the board of railroad commissioners authorizes the directors to apply to any cities or towns not named in said agreement of association to li\' a route of the railroad passing through said cities or towns, then the directors shall, within sixty days after the granting of such authority, apply to the board of alder- men or selectmen of such cities or towns to fix the route of the railroad in such cities or towns. Said application shall be made in the same manner and the proceedings thereon shall lie the same as in the case of an application to fix the route of the railroad to the board of aldermen or selectmen of a city or town originally named in the agreement of association of such railroad company. In case the board authorizes the directors to abandon entirely the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed, then any action taken in regard to fixing the route in such cities or towns shall become null and void, and the railroad company shall be under no 174e obligation to construct its railroad therein. The order of the railroad commissioners authorizing the directors to apply for a route of the railroad in any city or town not named in the agreement of association or the order of railroad commissioners under which the route in any cities or towns is abandoned, shall operate as an amendment to the clauses in said agreement of association which name the cities or towns in which the railroad is to be located, and the terminal thereof, and a certified copy of said order shall be attached to the agreement of asso- ciation. [Approved April 28, 1908. FORMATION AND POWERS. 175 of the railroad in such city or town, and with such application the directors shall file a copy of the maps and general profile, and, upon request, the other information presented to the hoard of railroad commissioners. The board of aldermen and the selectmen shall give fourteen days' notice of the time and place for a hearing on such application by publication thereof in one or more newspapers, if there be any, published in said city or town ; otherwise in such newspaper or newspapers published in the county in which the city or town is situated as shall be des- ignated by the board of railroad commissioners; and written notice of the time and place at which such hearing will be held shall be mailed at least seven days before said hearing by the clerk of the city or town in which the application for locations has been filed to the owners as determined by the last preceding assessment for taxation of real estate along the public ways or parts of ways upon which it is proposed to construct said line and to the owners of private land upon which the route of the railroad is to be fixed, [The board of aldermen or the selectmen [Amended. shall set forth in the certificate required by section seven the fact that such notice was mailed as above provided.] and said cirri- shall make and deliver to the directors at the hearing a certificate setting forth the fact that such notice ivas published and mailed as provided above, and such certificate shall be con- clusive evidence thereof. Section 7. If the route designated in the application is Fixing the agreed to by the board of aldermen or the selectmen, and all s°e iboe. 4es, requirements in respect of the part of said route located longi- | > ° rt// '§§~°< tudinally upon public ways and places are assented to by the orseiectmea directors, and thereafter are approved in writing by the board of railroad commissioners, the board of aldermen or the select- men shall make a certificate setting forth the route as fixed by them, which shall be certified by said board or their clerk to the directors, and no further proceedings shall be necessary, but the route so agreed to shall be the route of said railroad in such city or town. Tf the board of aldermen or the selectmen agree with the directors upon a route different from that desig- nated in the application, or [if the board of aldermen or the selectmen fail to agree with the directors upon a route, or as to the requirements in respect of the part of the route located longitudinally upon public ways and places, the directors within ninety days after the date of the filing of the application or within fourteen days after the failure to approve the require- ments, may apply to the board of railroad commissioners, which By board of may, in its discretion, after notice 1 to the board of aldermen or missioners. the selectmen, and after public notice and a hearing, fix the wyr,j&8\ route of said railroad in such city or such town, which route may be either the route designated in the application, or the route agreed to by the board of aldermen or the selectmen and the directors.] fail within ninety days after the date of the fil- ing of (lie application !<> agree with the directors upon a route, or as to requirements in respect of the part of the route located 176 FORMATION AM) POWERS. Location in public way or place. See 1906, 463, Part III, § 7. Certificate of incorporation. See 1006, 463, Part II, §§ 23. 24. Carriers of baggage and freight See 1906, 463, Part III, % 41- longitudinally upon /nihil,- ways and places trhich meet with the approval of the board of railroad commissioners, the direct- ors or the board of aldermen or selectmen within one hundred days after the date of the filing of the application may apply to tin' hoard of railroad commissioners, which may, in its discre- tion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hearing, fix the route and determine the grades and method of constructing said rail- road in such city or in such town, and no change shall there- after be made by the directors in the grades or method of con- struction so determined without the approval in writing of the board of railroad commissioners after notice to the board of aldermen or selectmen and after public notice and a hearing. Said board shall thereupon make a certificate setting forth the route as fixed by it, which route shall be certified by its clerk to the directors. In fixing such route the board of railroad commissioners shall not locate it longitudinally upon any pub- lie way or place in such city or town without the consent of the board of aldermen of such city or the selectmen of such town. That part of the route which consists of a location longitudi- nally upon a public way or place shall not be deemed to be fixed until all requirements which may be imposed in respect of it by the board of aldermen, or the selectmen, as the case may be, are approved in writing by the board of railroad commissioners. Section 8. Tf the board of aldermen or the selectmen are of opinion that, public convenience and necessity require the railroad to be constructed in part longitudinally upon a public way or place, they may, in granting or agreeing to a location upon such public way or place, prescribe how the tracks shall be laid, and the kind of wires, poles, rails and other appliances which shall be used, and may impose such terms, conditions and obligations incidental to and not inconsistent with the ob- jects of a street railway company as the public interests may in their judgment require, and the board of railroad commission- ers may approve. Section 9. The certificate of incorporation issued by the secretary of the commonwealth to the company shall contain the words, "electric railroad companies", instead of the words, " railroad corporations." Section 10. An electric railroad company shall act as a common carrier of baggage, express matter and freight in such cases, upon such parts of its railroad, and to such extent, in any city or town as, after public notice and a hearing upon the peti- tion of the president or a majority of the directors of the com- pany or any interested party, the board of aldermen or the selectmen, or those exercising the powers of such board or of selectmen, in such city or town, shall by order approve: pro- vided, however, that a company shall actually engage in the business of a common carrier under authority of this act only in such of the cases, upon such of the parts of its railroad, and to so much of the extent, approved as aforesaid, as the board FORMATION AND POWERS. 177 of railroad commissioners shall certify, after public notice and a hearing upon the petition of the president or a majority of the directors of the company or any interested party, that pub- lic necessity and convenience require; and provided, further, that any company acting under authority hereof shall be sub- ject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the ap- proval of the board of railroad commissioners, and shall also be subject to the provisions of all laws now or hereafter in force relating to common carriers so far as they shall be consistent herewith and with said regulations and restrictions. Section 11. An electric railroad companv shall be subject Sections of i <. -n ■ • • /. • .-, street railway to the following provisions of law relative to street railway law applicable. companies contained in Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six: Recreation section thirty-four of said chapter, relative to the acquisition of groun ' recreation grounds ; sections fifty-nine to sixty-three, inclusive, Purchase of of said chapter, relative to the purchase of electricity by cities etc Ctneity y ' and towns ; and section one hundred and three of said chapter, fil als ° 19 ° 6, relative to the increase of capital stock and issue of bonds. If stock and the railroad, or any extension thereof, is to be located in part Locations on longitudinally upon public ways and places, such company shall, hl 8 hwa y s - upon that part of its route, also be subject to the following provisions of law relative to street railway companies : sections thirty-two, sixty-seven to seventy-two, inclusive, of said chap- ter, relative to locations ; section sixty-four of said chapter, rela- tive to extension of locations ; section sixty-five of said chapter, relative to alteration of locations ; section sixty-six of said chap- ter, relative to revocation of locations ; sections seventy-three to eighty-one, inclusive, of said chapter, relative to construction, use or discontinuance of tracks ; sections thirty-six, thirty-seven. Operation, thirty-eight, eighty-two to ninety-five, inclusive, of said chap- ter, relative to operation; sections one hundred and thirteen to Crossings of one hundred and sixteen, inclusive, of said chapter, relative to roads! ra crossings of steam railroads; sections one hundred and fifty-five Remedies; to one hundred and fifty-seven, inclusive, of said chapter, rela- ESore state tive to remedies and procedure before state boards. Section 12. An electric railroad company shall not be sub- f^S'raikoad ject to the following provisions of law relative to railroad cor- j^ie * apP " porations contained in Part II of said chapter four hundred and sixty-three: so much of section twenty-two of said chapter Tracks in c " l 1-11 • t '• i • 1 • • public wavs, — as refers to tracks laid longitudinally withm the limits of a liability, public way; so much of section forty-six of said chapter as ap- Grain plies to grain elevators; sections fifty-eight, fifty-nine and sixty stockor bonds of said chapter, relative to stock or bonds of other corporations; ofothcr ' etc - sections one hundred and forty-seven, one hundred and fifty-six, one hundred and seventy-three to one hundred and seventy-six, inclusive, and two hundred and forty-[one,] of said chapter \^"', : l! ',''!! ; relative to operation; section one hundred and fifty-five of said "<" 7 : -> JS -} chapter relative to the obstruction of highways; and so much of town, etc., for section two hundred and [forty-three] forty-two of said chap- \\ !'„',',',',!/! ,7 1907, 4 m s 178 FORMATION AM) POWERS. Powers of rail- mad commis- sioners. ms of steam railroad law applici ' le, w itli modifii .t linns. \\ alking on track. Penalty for loss of life through negli- gence, etc. tor as applies to Incut inns longitudinally within the limits of a public way; !>ut the hoard of railroad commissioners shall pre- scribe rules and regulations relative to the equipment of cars, the ringing of hells, the sounding of whistles and the giving of signals, for the prevention of accidents. Section L3. Section two hundred and [thirty-three] thirty- two of Part IT of said chapter four hundred and sixty-three shall apply to an electric railroad company, with the addition, after the word *' track "', in the second line thereof, of the words " not within the limits of a highway "; and section sixty- three of Pari I of said chapter shall apply to such company, with the addition, after the word '"upon", in the fourteenth line thereof, of the words " that part of ", and after the word " railroad ", in the fourteenth and fifteenth lines thereof, of the words " not within the Hunts of a highway." 1906, 616, § 6, amended. Proceedings before boards of aldermen or selectmen. 1906, 616, § 7, amended. Acts of 1907, Chapter 428. An Act relative to Electric Railroad Companies. Section 1. Section six of chapter five hundred and sixteen of the acts of the year nineteen hundred and six is hereby amended by strik- ing out at the end thereof the words " The board of aldermen or the selectmen shall set forth in the certificate required by section seven the fact that such notice was mailed as above provided ", and inserting in place thereof the words : — and said clerk shall make and deliver to the directors at the hearing a certificate setting forth the fact that such notice was published and mailed as provided above, and such certificate shall be conclusive evidence thereof, — so as to read as fol- lows: — Section 6. In case the board of railroad commissioners grants the certificate specified in the preceding section, the directors may, within sixty days after the granting thereof, apply to the board of aldermen of each city and to the selectmen of each town in which the railroad is to be located to fix the route of the railroad in such city or town, and with such application the directors shall file a copy of the maps and general profile, and, upon request, the other information presented to the board of railroad commissioners. The board of alder- men and the selectmen shall give fourteen days' notice of the time and place for a hearing on such application by publication thereof in one or more newspapers, if there be any, published in said city or town ; otherwise in such newspaper or newspapers published in the county in which the city or town is situated as shall be designated by the board of railroad commissioners; and written notice of the time and place at which such hearing will be held shall be mailed at least seven days before said hearing by the clerk of the city or town in which the application for locations has been filed to the owners as determined by the last preceding assessment for taxation of real estate along the public ways or parts of ways upon which it is proposed to construct said line and to the owners of private land upon which the route of the railroad is to be fixed; and said clerk shall make and deliver to the directors at the hearing a certificate setting forth the fact that such notice was published and mailed as provided above, and such certificate shall be conclusive evidence thereof. Section 2. Section seven of said chapter five hundred and sixteen is hereby amended by striking out all after the word "or", in the four- teenth line, down to and including the word "directors", in the FORMATION AND POWERS. 179 twenty-sixth line, and inserting in place thereof the following: — fail within ninety days after the date of the filing of the application to agree with the directors upon a route, or as to requirements in respect of the part of the route located longitudinally upon public ways and places which meet with the approval of the board of railroad commis- sioners, the directors or the board of aldermen or selectmen within one hundred days after the date of the filing of the application may apply to the board of railroad commissioners, which may, in its discretion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hearing, fix the route and determine the grades and method of constructing said railroad in such city or in such town, and no change shall thereafter be made by the directors in the grades or method of construction so determined without the approval in writing of the board of railroad commissioners after notice to the board of aldermen or selectmen and after public notice and a hearing, — so as to read as follows : — Section 7. If the route designated in the Fixing route application is agreed to by the board of aldermen or the selectmen, and ° a if r0 ads C all requirements in respect of the part of said route located longi- tudinally upon public ways and places are assented to by the directors, and thereafter are approved in writing by the board of railroad commissioners, the board of aldermen or the selectmen shall make a certificate setting forth the route as fixed by them, which shall be certified by said board or their clerk to the directors, and no further proceedings shall be necessary, but the route so agreed to shall be the route of said railroad in such city or town. If the board of aldermen or the selectmen agree with the directors upon a route different from that designated in the application, or fail within ninety days after the date of the filing of the application to agTee with the directors upon a route, or as to requirements in respect of the part of the route located longitudinally upon public ways and places which meet with the ap- proval of the board of railroad commissioners, the directors or the board of aldermen or selectmen within one hundred days after the date of the filing of the application may apply to the board of railroad commissioners, which may, in its discretion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hear- ing, fix the route and determine the grades and method of constructing said railroad in such city or in such town, and no change shall there- after be made by the directors in the grades or method of construction so determined without the approval in writing of the board of railroad commissioners after notice to the board of aldermen or selectmen and after public notice and a hearing. Said board shall thereupon make a certificate setting forth the route as fixed by it. which route shall be certified by its clerk to the directors. In fixing such route the board of railroad commissioners shall not locate it longitudinally upon any public way or place in such city or town without the consent of the board of aldermen of such city or the selectmen of such town. That part of the route which consists of a location longitudinally upon a public way or place shall not be deemed to be fixed until all require- ments which may be imposed in respect of it by the board of alder- men, or the selectmen, as the case may be, are approved in writing by the board of railroad commissioners. Section 3. Section twelve of said chapter five hundred and sixteen 1906, sie, § is, is hereby amended by striking out the word " forty-one ", in the twelfth amended - line, and inserting in place thereof the word : — forty. — and by striking out the word " forty-three ", in the fifteenth line, and inserting in place thereof the word: — forty-two, — so as to read as follows: — Section 180 TAXATION. Certain sections of railroad law not to apply. 1906. 616, § 13, iniu mil d Certain provi- sions of law to apply, etc. To apply to pending pro- ceedings. Annual returns to tax commissioner. 1864 20J 3. lS6o, 283. § 3. 1880, 117, § 2. P. s. 13 lss.-,, j:,s. < i. 1886, 270. 1888, 113, § 24. 1898, 417; 578, R. L. 14, § 37. 12 Allen. ::,. us Mass 25 L39 Mass 561. 144 Mass. 598. L46 Mass. 408. 157 Mass. 70. 11 Op. A. G. 278.] 12. An electric railmad company shall not be subject to the following provisions of law relative to railroad corporations contained in Part II of said chapter four hundred and sixty-three: so much of section twenty-two of said chapter as refers to tracks laid longitudinally within the limits of a public way; so much of section forty-six of said chapter as applies to grain elevators; sections fifty-eight, fifty-nine and sixty of said chapter, relative to stock or bonds of other corporations; sec- tions one hundred and forty-seven, one hundred and fifty-six, one hundred and seventy-three to one hundred and seventy-six, inclusive, and two hundred and forty, of said chapter relative to operation; section one hundred and fifty-five of said chapter relative to the obstruc- tion of highways; and so much of section two hundred and forty-two of said chapter as applies to locations longitudinally within the limits of a public way; but the board of railroad commissioners shall prescribe rules and regulations relative to the equipment of cars, the ringing of bells, the sounding of whistles and the giving of signals, for the pre- vention of accidents. Section 4. Section thirteen of said chapter five hundred and sixteen is hereby amended by striking out the word " thirty-three ", in the first line, and inserting in place thereof the word : — thirty-two, — so as to read as follows : — Section 13. Section two hundred and thirty-two of Part II of said chapter four hundred and sixty-three shall apply to an electric railroad company, with the addition, after the word " track ", in the second line thereof, of the words " not within the limits of a highway "; and section sixty-three of Part I of said chapter shall apply to such company, with the addition, after the word " upon ", in the four- teenth line thereof, of the words "that part of", and after the word " railroad ", in the fourteenth and fifteenth lines thereof, of the words " not within the limits of a highway." Section 5. This act shall apply to all pending proceedings under said chapter five hundred and sixteen. Section 6. This act shall take effect upon its passage. [Approved May 17, 1907. TAXATION. A. Corporate Franchise Tax. Section 14. Every electric railroad company organized under the general laws of the commonwealth, in addition to all returns required by its charter, shall annually, between the first and tenth days of May, return to the tax commissioner, under the oath of its treasurer, a complete list of its shareholders, their residences, the number of shares belonging to each, the amount of the capital stock of the company, its place of busi- Dess and the par value and market value of the shares made up as of said first day of May. If stock is held as collateral security, such return shall state the name and residence of the pledgor and of the pledgee. It shall also contain a statement in detail of the works, structures, real estate and machinery owned by said company and subject to local taxation within the commonwealth, and of the location and value thereof. Such company shall also state in its return the whole length of its line, and so much of the length of its line as is without the commonwealth, and so much as is constructed on private land; also the length of truck operated by the electric railroad com- pany in each city and town on the thirtieth day of September TAXATION. 181 preceding the return, to be determined by measuring as single track the total length of all tracks operated by it, including sidings and turn-outs, whether owned or leased by it or over which it has trackage rights only ; and the amount of dividends paid on its capital stock during the year ending on such pre- ceding thirtieth day of September and during each year from the organization of the company. Section 15. The tax commissioner shall ascertain from the valuation of returns or otherwise the true market value of the shares of each franchise, etc. electric railroad company, and shall estimate therefrom the fair i864,208, cash value of all of said shares constituting its capital stock on Ises, 283, the preceding first day of May, which, unless by the charter of i|8o, 5 ii7, § 2. the company a different method of ascertaining such value is p^s. 13, §§39, provided, shall, for the purposes of this act, be taken as the true isle' ^~o* § l ' value of its corporate franchise. From such value there shall i89s! I17. be deducted so much of the value of its capital stock as is pro- 13 Alien', 391/ portional to the length of that part of its line, if any, lying 106 Mass. 184,' without the commonwealth; aud also the value of its real estate 125' Mass. 568. and machinery subject to local taxation within the common- }| 9 ^^ f ^ wpnlrli 144 Mass! 598! weaitn. ^ ^ 146 Masa 408 For the purposes of this section, the tax commissioner may 152 Mass. 372. take the value at which such real estate and machinery are as- 167 Mass. 522. sessed at the place where they are situated as the true value, but such local assessment shall not be conclusive of the true value thereof. Section 16. The tax commissioner may require the com- Corporation , 1 '-, . ,. . .to appeal from pany to prosecute an appeal from the valuation 01 its real local vaiua- estate or machinery by the assessors of a city or town, either to i865, 283, § 6. the county commissioners or to the superior court, whose deci- 1390, 127! §7. sion shall be conclusive upon the question of value. Upon such r. 9 l! fl'i 39. appeal the tax commissioner may be heard, and in the supe- rior court costs may be awarded as justice requires. Section 17. Every electric railroad companv subject to the Tax to be paid . . . p 1 n .011 corporate provisions of section fourteen shall annually pay a tax upon its franchise. r. 1 . ,, 1 . 1 1 i !■ • l i j* Rate, how de- eorporate franchise, after making the deductions provided tor termined. in section fifteen, at a rate determined by an apportionment of i86s! 283! I 5! the whole amount of money to be raised by taxation upon prop- p. s.'i3,'§ 40. erty in the commonwealth during the same year as returned by lilt; 270! § *' the assessors of the several cities and towns under the provi- [Iff ' Uf' § 24 ' sions of section ninety-three of chapter twelve of the Revised J*- l. 14, | 40. Laws upon the aggregate valuation of all cities and towns for 29-s 1 && to _ t 98 Mass. 19, the preceding year as returned under sections sixty and sixty- 25. one of said chapter; but if the return from any city or town is 151. not received prior to the twentieth day of August, the amounl 135 Mass! 569! raised by taxation in such city or town for the preceding year, [39 Mass." lei. as certified to the secretary of the commonwealth, may be [571^* 70 8 ' adopted for the purpose of this determination. The amount 167 M j^ 5|J» of tax assessed upon polls for the preceding year, as certified 17s r. s. 120. to said secretary, may be taken as the amount of poll tax to be deducted from the whole amount to be raised by taxation, in ascertaining the amount to be raised upon property. 182 ADDITIONAL CORPORATE FRANCHISE TAX, ETC. B. Additional Corpora I e Franchise Tax. raetoric*" Section 18. If an operating electric railroad company, in- indcom- eluding a company whose lines are located partly within and 1898.417:578, partly without the limits of the commonwealth, has paid dur- R. L. 14, §41. ing the year ending on the thirtieth day of September preced- ing the date of the return required by section fourteen divi- dends exceeding in the aggregate eight per cent upon its cap- ital stock, it shall for every such year in addition to the tax required by the preceding section pay a tax equal to the amount of such excess to be determined as therein provided by the tax commissioner; but such additional tax shall not be imposed, if, from the date when the company began to operate its railroad, it has not paid dividends equivalent in the aggregate to at least six per cent per annum upon its capital stock from year to year. Remedy of Section 19. If the value of the real estate and machinery when assess- of an electric railroad company subject to local taxation within oPreaf estate 1 the commonwealth, as determined by the tax commissioner, is commission- less than the value thereof as determined by the assessors of 1865, 283, § 6. * ne place whore the same are situated, he shall give notice of 'son 41/ 41 ' h^ s determination to such company; and, unless within one r i u. $ 42. month after the date of such notice it applies to said assessors 13, Mass. 81. i • e i i 1 16 Mass. 403. for an abatement, and, upon their refusal to grant an abate- 152 Mass. 384. ' i i .1 ■••?.• 167 Mass. 522. ment, prosecutes an appeal under the provisions ot section sev- enty-seven of chapter twelve of the Revised Laws, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be conclusive upon said company. C. Exemption and Apportionment. Exemption Section 20. Xo taxes shall be assessed in a city or town taxation. for state, county or town purposes upon the shares in the cap- ment. rtlc ital stock of an electric railroad company for any year for 1864, 208, §§ 8, w bi c jj ^ p avg xo the treasurer and receiver general a tax on its lie!' Hi' | 2 5 ' corporate franchise. Such proportion of the tax collected of 1'ss"; l 2 3 28* 57 ' eacn electric railroad company under the provisions of sections HB&m-yf- seventeen and eighteen as corresponds to the proportion of its 1898, 41/; 5/8, , . . ii-ni t-ii Vx J 5M.26. r hne constructed on private land, shall be distributed, credited 190D 4131m! and paid, in the ratio of the amount of its stock owned by per- L35 Mass. 569. sons residing in this commonwealth, to the several cities and towns in which, from the returns or other evidence, it appears that such persons resided on the preceding first day of May, according to the number of shares so held in such cities and towns respectively, Tf stock is held by co-partners, guardians, executors, administrators or trustees, the proportion of tax cor- responding to the amount of stock so held shall be credited and paid to the cities and towns where the stock would have been taxed under the provisions of clauses four, five, six and seven of section twenty-three and of section twenty-seven of chapter twelve of the "Revised Laws. Such proportion of the tax col- lected from any such electric railroad company under the pro- 139 Mass. 559. COMMUTATION TAX. 183 visions of sections seventeen and eighteen as corresponds to the proportion of its line located longitudinally upon public ways and places, shall be distributed, credited and paid to the sev- eral cities and towns in proportion to the length of tracks op- erated by such company in such cities and towns respectively. The share of the tax paid by an electric railroad company in respect of its tracks upon locations granted by the board of metropolitan park commissioners or by the Wachusett moun- tain state reservation commission shall be apportioned to the commonwealth and shall be credited by the treasurer and re- ceiver general to the sinking fund of the loan to which the expenditure for the road, boulevard, park or reservation in which the tracks are located was charged. Section 21. The tax commissioner shall, subiect to appeal Tax commis- . , . J n sioner to deter- to the board of appeal, ascertain and determine the amount due mine amounts to each city and town under the provisions of the preceding and towns. section, notify the treasurer of each city and town thereof, and p. s.'i3, § 68. ' certify the amount as finally determined, to the treasurer and §§ 4/5. ' receiver general, who shall thereupon pay over the same. D. Commutation Tax. Section 22. An electric railroad company, including a com- Returns of pany whose lines are located partly within and partly without railroad the limits of the commonwealth, shall annually, on or before ^f S o" s es to the fifteenth day of October, make and file in the office of the J 8 | 8 ' 417; 578, board of assessors of every city and town in which any part of R - L - 14 - § 43 - the railroad operated by it is situated a return signed and sworn to by its president and treasurer, stating the length of track operated by it longitudinally upon public ways and places in such city or town, and also the total length of track operated by it, determined as provided in section fourteen, and also the amount of its gross receipts during the year ending on the pre- ceding thirtieth day of September, including therein all amounts received by it from the operation of its railroad, but excluding income derived from sale of power, rental of tracks or other sources. Suction 23. On or before the first day of Xovember annu- Excise tax. ally, the assessors of every city and town in which an electric § 7. ' railroad is operated, including a company whose lines are lo- • »§ ■ cated partly within and partly without the limits of the com- monwealth, shall assess on every company described in the pre- ceding section operating a railroad therein an excise tax of an amount equal to such proportion of the following percentages of the gross receipts of such company as the length of tracks operated by it longitudinally upon the public ways and places of such city or town bears to the total length of tracks operated by it. The percentages shall be based upon the annual gross re- ceipts for each mile of track as follows and computed upon the aggregate of such annual gross receipts: four thousand dollars l&l COMMUTATION TAX. Revision of tax. 1898, 578, 5 8. R. L. 14, § 45. Notice to tax collector of amount of excise tax. 1898, 57,s. 5 0. R. L. 14, § 46. or less, one per cent ; more than four thousand dollars and less than seven thousand, two per cent; more than seven thousand dollars and less than fourteen thousand, two and one quarter per cent; more than fourteen thousand dollars and less than twenty-one thousand, two and one half per cent; more than twenty-one thousand dollars and less than twenty-eight thou- sand, two and three quarters per cent; twenty-eight thousand dollars or more, three per cent. The excise tax provided for by (his section shall be in addi- tion to the taxes otherwise provided by law. Section 24. The aldermen of a city, the selectmen of a town or an electric railroad company operating in such city or town may petition the board of railroad commissioners for a revision of the amount of excise tax to be paid by a company under the provisions of the preceding section. Said board shall, upon such petition, after public notice and a hearing at which the aldermen or selectmen and the company may submit evi- dence, determine the average annual cost to such city or town of the work done by it during the preceding three years under the provisions of said chapter four hundred and sixty-three, which a street railway company was not by law required to do prior to the first day of October in the year eighteen hundred and ninety-eight, and also the average annual payments made by said company to said city or town under and pursuant to the provisions of the preceding section during said three years ; and having determined said average annual cost and average annual payments, said board shall fix and determine the pro- portion of a percentage of the gross receipts which shall be paid as an excise tax under the provisions of said section by the company to said city or town annually thereafter, such per- centage to be fixed at such a rate as will be necessary to yield to the city or town annually thereafter an amount equal to the average annual cost to the city or town determined as afore- said ; and the percentage so fixed shall not again be changed for the period of three years and then only in the manner herein provided. Said board may at any time upon petition therefor by a city or town entitled to a part of the excise tax paid by an electric railroad company, after such notice as the board may order to all other cities and towns entitled to share in the ex- cise tax paid by said company, and after a hearing, determine as to the distribution thereof among the several cities and towns in which such company operated any part of its railroad, and fix the proportions thereof to which they shall respectively be entitled, which shall thereafter be the proportions of said excise tax to be assessed upon said company, instead of the proportion based upon length of tracks as hereinbefore provided. Section 25. Prior to the fifteenth day of November in each year the assessors of every city and town shall notify the col- lector of taxes thereof of the amount of excise tax assessed therein under the provisions of section twenty-three, and the collector shall forthwith notify the treasurer of every electric APPLICATION OF TAXES, ETC. 185 railroad company of the amounl of excise tax so assessed upon it, which shall become due and payable within thirty days after the receipt of such notice. The provisions of chapter thirteen of the Revised Laws, so far as they may be appropriate, shall apply to the collection of the said excise tax. E. Application of Taxes. Section 26. All taxes which are collected from an electric Application of railroad company and paid to cities and towns under the pro- isWTsts. § 10. visions of the preceding section and of section twenty-one shall be applied toward the construction, repair and maintenance of the public ways and places in which the tracks of such com- pany are located, and to the removal of snow from such public ways and places within such cities and towns. interested parties. Section 27. In any proceeding under this act before the interested board of railroad commissioners, the mayor and aldermen of ffilrfi 2s and any city or the selectmen of any town, any person whose land S9, see bduw] is to be taken or whose estate abuts upon any highway through which the electric railroad is to pass, and any railroad corpora- tion or street railway company which has a location in any city or town included within the proposed route of the electric rail- road company, shall be considered an interested party. [Ap- proved June 22, 1906. Acts of 1907, Chapter 448. An Act relative to Recovery of Damages by Abutters on Locations of Electric Railroads. Section 1. Chapter five hundred and sixteen of the acts of the year nineteen hundred and six is hereby amended by adding the following sections at the end of said chapter, under the heading F. F. Section 28. The location, construction, maintenance, or operation of said lines of railroad in so far as the same are located longitudinally upon an elevated structure upon a public way or place shall be deemed an additional servitude, and shall entitle lessees, mortgagees and other parties having an estate in such public ways or places, or in premises which abut thereon, and who are damaged by reason of the location, construction, maintenance and operation of said lines of railroad, to recover reasonable compensation in the manner herein provided. Any such person may, at any time within three years after the construction of such railroad longitudinally upon a public way or place, file in the clerk's office of the superior com't for the county where the said prem- ises lie, a petition setting forth his claim against the corporation owning or operating the same, and the amount thereof. He shall give to said corporation fourteen days' notice of the filing of such petition, and answer thereto shall be filed by said corporation within thirty days after the return day of such notice. Section 29. The said petition shall be heard before a jury, if either party claims that right at the time of the filing of the petition, or within ten days after the filing of the 1^(3 INTERESTED PARTIES. answer thereto; otherwise, the same shall be heard before the court without a jury. The finding shall be on the following questions, to wit: First, Has the petitioner's estate been damaged more than it has been benefited or improved in value by reason of the location, construction, maintenance or operation of such railroad? Second, If so, how much? If the answer to the first question shall be "No", a verdict shall be rendered for the corporation ; otherwise, a verdict shall be rendered for the petitioner for the amount found in answer to the second question, including interest from the day of the filing of the petition. Section 2. This act shall take effect upon its passage. [Approved Maxj 24, 1907. Acts of 1907, Chapter 55G, § 1. An Act to extend the Provisions of Law relative to Electric Railroad Companies to the Form of Railway known as the Boynton Bicycle Railway. Section 1. The provisions of chapter five hundred and sixteen of the acts of the year nineteen hundred and six and all acts in addition thereto and in amendment thereof shall, so far as they are applicable, apply to the construction, operation and maintenance of the form of railway known as the " Boynton Bicycle Railway." INDEXES. INDEX TO RAILROAD LAWS. A. ABANDONMENT. of stations forbidden, when, . . . 73, 74 ABOLITION AND ALTERATION. of crossings, distinction, .... 20, 66 ABOLITION OF GRADE CROSSINGS. In General. authorization, . . ' . bonds or capital, increase of, construction, method of, as to, . discontinuance, of crossing, public or private way, of, engineer, state, to examine plans, equity jurisdiction to enforce, grade, change of, . maintenance and repair of new crossing, 16 apportionment between different railroads for, ..... taking of land, what constitutes, deemed to be taken by whom, filing and record, .... Agreement for. by two railroads, . . ... board to supervise, by railroad and local authorities, . 1' approval of railroad commissioners. and agreement, to be filed by clerk of board, ..... damages, assessment of, . expense, apportionment of, amount payable by commonwealth, force and effect of, . supervision by board, may employ agents, filing agreements with county commission ers, ..... with auditor of commonwealth, in registry of deeds, 14, 15 47 14 15 15 126 17 15 17, 18 16, 17 15, 16 15, 16 15 64, 65 64 18, 19 18 18 18 18 19 18 18, 19 18 18 18 18 Auditor. appointment, duties, etc., . . 166, 17 compensation, ..... 14, 17 report of, filing with auditor of common- wealth, ...... 17 Commission, alterations, manner of, to specify, performance by whom, to determine, appointment by superior court, may appoint railroad commissioners, compensation included in cost, . 14, 15 14 13 13 14 ABOLITION OF GRADE CROSSINGS — Continued. decision returnable to superior court, board to approve, without hearing, when, . discontinuance of way, as to, duties and powers, .... expense, apportionment by, limit chargeable to city or town, repairs of, . grades, to specify, .... change of railroad, consent of board pre requisite, .... meetings and hearings, method of construction, to specify, railroad commissioners may be appointed, Damages. assessment of; costs, petition for, venue, limitation, etc.,. to be brought within one year, payment of, primarily, by whom, cities, etc., may borrow for, repayment of loan, private way, for discontinuance of, payment, primary liability for, easement in land adjoining, temporary loans by cities and towns for, application of repayments, limit of indebtedness, excluded from, Decree. of court to constitute a taking, etc., filing with county commissioners, with auditor of commonwealth, recorded in registry of deeds, without payment of fee, Engineer. state, to examine plans, Expense. apportionment of, . . . . maximum, payable by city or town, private ways, in case of, several railroads, between, certificate of board, . . . 1 commonwealth, proportion payable by annual limit , total. bonds, sale of. authorized, application of proceeds, not to be assessed, when, sinking fund, payment of, decrees for, 15 20 206 15 14, 15 14, 15 14 16, 17 15 15 14 15 13 16 16 16 16 20 21 16 16 16 20 21 21 15 15 15 15 126 10, 126 It II II 14 20, 206 14 10, 20 10. 20 20 M 19 17 190 INDEX TO RAILROAD LAWS. ABOLITION OF GRADE CROSSINGS — ! tded. town's proportion, primarily payable by slate, repayment as part of state tax, transfer of credits to loan, reimbursement of expense, for plans. Proceedings. appointments, decrees, etc., in any county attorney general, etc., to appear for state, decree, effect of, ... . decree, taking of land to constitute, when, deemed to be taken by whom, filing and record, .... enforcement of laws regulating, petition, by whom filed, contents, consolidation of two or more, entry, notice of, to railroad commission- ers, ..... several crossings, may include, several railroads, may include, when, precedence, decision as to, report of commission to court, . board to approve, without hearing, when, may be filed without pa\ T ment of fee, service of notice, etc., on commonwealth, Street Railways. location changed, .... to contribute, when, stock or bonds for, .... reimbursement, when, how expended, auditor. ...... party to, may petition, ABSTRACTS. and tables from annual returns, . ACCESS. to private land, .... ACCIDENTS. defective notices, correction of, investigation by board, by inspector, inquest in case of death, . notice of; omission, penalty, reports of, to employees, .... 80, 80d ACCOMMODATIONS. for passengers, etc.; reasonable,, connecting road-;, on, withholding, penalty, ACCOUNTANT OF BOARD, appoint nit'iit . dut ies, compensation, ..... ACCOUNTING OFFICER. to swear to annual returns, . , ACCOUNTS. failure to submit, .... See Corporate Matters. 15 17 1 1 15 15 16 15 17 >, 13 13 13 13 13 20 15 20 206 126 14 15 14 15 14, 15 17 12 711 113 9 24 27 26, 27 115 81, 82 84 33, 103 84 115 10 8 88 . 44, 45 ADDITIONS. to rolling stock, suggestions. to appliances, may be required, . ADMINISTRATORS. may vote as stockholders on stock held, ADVICE. of board not to relieve corporate liability, . 9 AGREEMENT. as to route, ...... 40 as to grade crossing abolition, filing, . . 18 approval by board, .... IS damages, assessment. .... IS expense, apportionment of. . . . 18 amount payable by commonwealth, . 19 force and effect of, . . . . 18 AGREEMENT OF ASSOCIATION. See Corporate Matters. ALDERMEN. of Boston, jurisdiction of, ... 35 board of, definition, ..... 35 complaints to, appeal tq board, . . 8, 9 may petition for examination of railroad, etc 8, 9 may petition for special grade crossing aboli- tion commission, . . . . 12, 13 may petition as to alteration of crossings, . 11 ALIGNMENT. change of location to improve, ... 56 ALTERATION. in course of canals, ..... 68 of crossings. See Crossings, Alteration of. of grade crossings. See Abolition of Grade Crossings. ALTERATION OF CROSSINGS. In General. abolition and alteration, distinction, . . 20, 66 appeal from county commissioners, . . 70 how perfected, . . . . 70, 71 authorities to apply for, . . . .11 betterment laws to apply to, . . . 12 bridges, rebuilding, etc., .... 10c Boston, jurisdiction of board in, .11 in whole or in part, . . . .11a damages for alteration, .... 11 expense of alterations, . . . .11 general highway law. applicable, . . 12 railroads, two, proceedings at crossings of, . 64, 65 recovery of proportionate cost, ... 12 taking land for alterations, . . . 11 temporary street railway locations for, . 1226 County Commissioners. jurisdiction of, .... duties further defined, . in Boston, board to act, in whole or in part, appeals from, to railroad commissioners, how perfected, ' . heard in county, unless, waiver of, . costs, payment of, . . . . hearing, decision, etc., 10c 11 11a 11 11a 70 70. 71 71 71 11 11 I.NDKX TO RAILROAD LAWS. 191 ALTERATION OF CROSSINGS — Concluded. Special Commission. appointment of, award and apportionment, appeal to a jury, decree and award to be final, equity jurisdiction to enforce qualifications of members,. railroad commissioner, one, to be a member of written award, return of, . Street Railway Companies share expense, as to approaches, etc., may ask for commission, percentage of cost, etc., temporary locations, AMENDMENT, of defective returns, AMOUNT OF STOCK. per mile, 12 11, 12 12 12 12 11, 12 12 12 11 11, 12 12 11, 12 1226 10, 116 38, 39 ANIMALS. barriers against, non-erection, penalty driving, on track, . illegal transportation of, confinement restricted, . penalty for violations, unloading for food, water, etc ANNUAL. choice of directors, . examination of books and accounts, ANNUAL MEETINGS. place, proceedings, etc., ANNUAL REPORT. of board, to general court, date of submission, expenditures, statement of, in number of copies, printing, distribution, reasons for certain non-approvals in suggestions of changes, etc., in, See Annual Returns. 63 110 95, 96 95 95, 96 95 ANNUAL RETURNS. to board, ..... 115, 116 treasurer to swear to, . . . .115 See Returns. to tax commissioner. See Taxation. ANOTHER RAILROAD. grade crossing over, ..... 65 engines stopped within 500 feet, . . 75 regulations as to, by board, ... 75 APPEAL. from Boston aldermen, .... 35 from county commissioners, ... 70 as to embankments, fences, etc., none, when, ...... 63 in crossing alterations, .... 70 from special commissioners, alterations, . 12 from valuation of assessors, . . . 104 See Taxation. APPLIANCES. in cars, additional, .... failure to provide, penalty, for freight trains, neglect, APPLICATION. damages, for, within one year, . repairs on bridges, for, removal of obstructions at crossings, . of statutes as to railroads, . existing, subject to general law, foreign, by concurrent legislation, rights etc., ..... lessor operating, subject to general law, special charters, how affected, trustees operating, subject to general law APPOINTMENT. of board, number, etc., of crossing alteration commissioners. . of grade crossing abolition commissioners, APPORTIONMENT. expenses, of board, of. . alterations of crossings, for, maintenance, separated crossings, for. expense, crossings separated by agreement, separated by special commission, between several railroads, 83, 88 83 83 e>_' 68 36 36 36 36 36 36 3, 4. 5 12 13 5 11 16. 17 18 16, 17 16, 17 APPORTIONMENT Taxation. OF TAXES. See APPRAISALS. of property, stock or bond issues, APPROACHES. in alteration crossings, street railways to contribute, ..... APPROVAL. by board, of bond issues, . . . 47. of stock issues, ..... See Abolition of Grade Crossings; Cor- porate Matters; Location and Construction. ARREST. of passengers without warrant, when, detention of, . 51, 52 51, 52 112 23 ASSAULTS. on employees, penalty, ASSESSMENT. of damages, alteration crossings, by county commissioners, pending suits. .... of damages, grade crossing abolitions, of taxes. See Taxation. ASSESSMENTS. on shares of stoek, .... sale of stoek for non-payment of. ASSIGNEE. liability for obstruction by trains, ASSISTANT CLERK. of board, duties, etc., . . • 3, 4, 5 30 11 58 61 16 46 46 78 192 INDEX TO RAILROAD LAWS. ASSOCIATES. number and qualifications, . . . 38, 39 authority of, etc., ..... 38 See Corporate Matters. ASSOCIATION, AGREEMENT OF. See Corporate .Matters. ASSUMPTION OF RISK. by employees, restricted, . . . 80, 806 ATTACHMENT. of cars, etc., ...... 26 forbidden, unless, etc.. .... 26 crossings, to prevent illegal, ... 65 grade crossings, for abolition of, . . 13 obstruction by freight trains, to prevent,. 78 discrimination, to enforce penalties for, . 94 merchandise, to enforce transportation of, . 94 penalties, actions by, to recover, . . 94 platform gates, to enforce requirements as to. 83 safety couplers on freight trains, as to, . 79 stations, to prevent abandonment, . . 73, 74 stock, etc., issue, to enforce laws as to, . 52 ATTORNEY GENERAL. to proceed against railroads, when. . . 8 to appear in grade crossing abolition pro- ceedings, . . . . .14 may appoint engineer to examine plans. 126 information by, as to illegal crossings by railroads, ..... 65 as to abandonment of stations, . . 73, 74 as to diminished accommodations, . . 73, 74 application to supreme court as to trains at crossings, etc., .... 78 as to safety couplers on freight trains, . 79 to recover penalties for violation of laws as to equipment, etc., ... 80 for failure to use platform gates, . . 83 as to transportation of merchandise, . 94 may apply to supreme, etc., court as to stock and bond issues, .... 52 AUCTION. stock sales at, when, .... 53 AUDITOR. in grade crossing abolition cases, report of, filing, AUDITOR OF COMMONWEALTH. grade crossing abolition decree, to be filed with 15 agreement for abolition, to be filed with, 18 to determine annual payments by cities and towns, etc., ..... 17 computation of annual payments by com- monwealth, ..... 19 AUTHORITIES. See Local Authorities; Cities; Towns. AUTHORITY. of associates for formation of corporat of board to supervise, etc., for bond or stock issues, for stock holding by corporations for locating crossings, to give mortgages, etc.. See Railroad Commissioners 166, 17 17 tion, . 38 7 . 51, 52, 53 50 . 17, 18, 65 ■17 AUTHORIZATION. of location and construction, of recovery for negligence, for grade crossing abolition, AUTOMATIC COUPLERS. for freight cars, AUTOMATIC SIGNALS. at overhead crossings, as to, AVOIDING DAMAGES. by change of location, AWARDS. in crossing alterations, to be final, . B. BADGES. employees, for, penalty, railroad police officers, for, BAGGAGE. bicycles as, . checks to be furnished, penalty, injuring or destroying, unclaimed, sale, etc., penalty for neglect of, . storage of, no charge for, when, BANKS. savings, investment in bonds of, selling tickets to foreign countries, bond, BARRIERS. against animals, non-erection, penalty, BEASTS. on track, ...... BELL RINGING. at crossings, ..... regulation by board, BETTERMENT LAW. to apply to alteration crossings, . 53, 54 . 27, 28 . 14, 15 79 77 59. 60 11. 12 12 84 23 89, 90 90 90 90 91 90. 906 52c 63 110 12 BICYCLES. as baggage. ...... 89, 90 BLOCK SIGNALS. to be maintained, if board shall require, . 7 equity jurisdiction to enforce, . . 7 BLOCKING. frogs, neglect, penalty. .... 74 guard rails, neglect, penalty, ... 74 switches, failure, penalty, .... 74 BOARD, THE. See Railroad Commission- ers. BOARDS AND COMMISSIONS appointment, duties, reports, etc., . . 3, 4, 5 BOARD'S AUTHORITY. scope of statutory provisions as to, . . 8 INDEX TO RAILROAD LAWS. 193 BOILERS, LOCOMOTIVE. regulations for testing, on private railroads, not testing, penalty, S3, 83o 84 83a 84 BOND. not to be required from employees, . . 85 from firms, etc., selling tickets to foreign countries, ..... 88, 89 BONDHOLDERS. election of trustees by, when, ... 49 annual report of trustees to. ... 49 calling of meetings by, .... 49 meeting, annual, of; notice, ... 49 notice of trustees' contracts to. . . . 48, 49 proxy voting by, ..... 48 rights of 48, 49 BOND HOLDING. in other corporations regulated, . . 50 BONDS. approval of, by stockholders, . . . 47. 52 by board, . . . . . 51, 52 binding and collectible at law. when. . . 48 cash premiums, par value, may be com- puted, ...... 47a connecting roads, guarantee by, ... 50 exchange of, not to affect mortgages, . 48 grade crossing abolition, etc., for, . . 47 mortgages, secured by, .... 48 other corporations, of, .... 50 registered, regulations as to, . . . 48 savings banks, investment in, . . . 52c steamship companies, guarantee by. . . 50 See Corporate Matters. BONDS OF COMMONWEALTH. for abolition crossings, . . . . 19, 20 sinking fund, ..... 19 BOOKS. to be kept in uniform manner, . . . 9, 115 directors may request examination of, . 9 non-submission of, . . . . . 10 BOOKS AND ACCOUNTS. See Corporate Matters; Railroad Commission- ers. BOOKS AND RETURNS. uniform system, . . . . . 9, 115 publication of statements. ... 9 See Corporate Matters; Railroad Com- missioners; Returns. BOSTON. jurisdiction of aldermen in, 35 appeals to railroad commissioners, . . 35 application for juries in, how made, . . 35, 36 exception as to leases, contracts, etc... 33, 103 cheap morning and evening trains, to and from, . . . . . .91 damages, provisions for, in, 35 jurisdiction of board as to locations in, . 35 as to alteration of crossings in, . . 11 in whole or in part, . . . .11a operation, regulation by aldermen. . . 35 workingmen's trains, to and from, . . 91 BOSTON TERMINAL COMPANY. unauthorized riding upon cars, etc., of, 110, 1106 loitering in station of, . . .110 supervision of stations and premises by board, ...... 8 of operation of trains by board, . . 8 BRAKES. and brakemen, ..... 79 insufficient, penalty, .... 79 BRANCHES. capital stock for, certificate, etc., . . 71 increase of stock to build, ... 47 . prior conditions, ..... 53, 71 subscription for shares in. ... 50 See Location; Corporate Matters. BRIDGE ENGINEERS. expert, appointment of, duties, . . . 4. 25 BRIDGE GUARDS. approval by board, . . . . . 74, 75 neglect, penalty, ..... 74, 75 BRIDGES. alteration of. . . . 10c, 11, 68, 69, 1226 alteration of crossings law. to apply, when, 68, 69, 1226 rebuilding, etc., examination of. bv experts, guards for, penalty for neglect. . height, construction, etc., . new bridges, examination, report, drawings, prints, etc., overhead, height of, repairs, application, obligation, damages, space under, regulated, ways over and under, 10c . 4, 25 . 74, 75 . 65, 66 25 25 . 65, 66 es, . 16. 17, 68, 69 . 65, 66 . 65, 66 BRIDGING. to be indicated on map of route, 39 BUILDINGS. taken outside route; consent of town pre- requisite, ..... 56 BURIAL GROUNDS. layout over, ...... 54, 55 location over, prohibited except, . . 51. 55 consent of town, parish, etc., prerequisite, . 55 c. CANALS. alteration in course of, damages, payment, CAPITAL. additional, for branches, increase of; certificate, illegal increase; penalty, illegal issue; penalty, issue of, . of foreign railroads, . CAPITAL STOCK. duties of directors as to, preferred, issue of, reduction of; certificate, 68 68 71 42, 47, 52 47 52 . 51, 52 . 118 46, 47, 51a 526 . 39. 42 19J: INDEX TO RAILROAD LAWS. CAPITAL STOCK— Concluded. shares, price of, stockholders to fix, . . 506 time for subscription, . . ... 51a subscription and payment before locating, . 53 See Corporate Matters. CARS. ai tachment of, . 26 breaking and entering, 112 disorderly conduct in. 112 expectoration in, 111. Ilia Kilning on, 112 heating, neglect of. penalty. 83 lighting, by naphtha, etc.,. 83 machinery, etc., considered, when. 81 obstruction of, penalty. 111, 112 obstruction by, 78 stealing from, penalty. 112 See Rolling Stock. CASH PAYMENT. for new shares of stock, .... 52, 53 CATTLE BARRIERS. See Location (Fences). CEMETERIES. See Burial Grounds. CERTIFICATE. of board, as to locations, filing of, fee, . 53, 54 branches, as to, filing of, fee, . . . 71 crossing abolition, as to, ... 20 without hearing, when, . . . 206 gauge, change of, . . . . .42 incorporation, as to, .... 41, 42 for foreign countries, . . . .118 of board, land damages, as to, provision for, 41 public convenience, of, . . . . 39, 40 of compliance, with laws as to incorpora- tion, ...... 41 routes, as to, deposit of, . . . . 41 in cities or towns, on appeal, ... 40 stock, issue, ...... 45 lost, replacement, etc., .... 46 stock, increase, as to, . . . . 42 reduction, as to, ..... 42 stock payment before, .... 41 See Corporate Matters. CHANGE. of name, board may authorize, . . . 108 See Name. CHANGE OF LOCATION. after land taking, . . . . . 59. 60 avoiding damages by, .... 59, 60 See Location. CHANGES. and improvements, board may suggest, . 8 in fares, board may suggest, ... 8 1 1 ure may revise, . ... 88 in rolling stock and stations, ... 8 CHARTER. granted by concurrent legislation, . . 36, 37 provisions of act to be an alteration or amendment of, .... 36 publication of petition for, ... 37 petition deposited with secretary, . . 37 locations under special, .... 38 CHARTER — Concluded. unauthorized increase of capital stock, for feiture for, .... validity of special powers not impaired by general law, .... See Corporate Matters; Special Char ter. special; action upon petition; notice, contents, terms and specifications, . location and construction under, . 38 maps, estimates, etc., to go with petition, plans, etc., deposit in state library, validity of special powers not impaired by general law, . . . . . See Corporate Matters. CHEAP MORNING TRAINS. and evening, to furnish, . 47 36 37 38 53, 54 37 38 36 91 CHILDREN. not required to ride in smoking cars, . . 92 CITIES. may borrow for payment of damages, cross- ings, when, ..... 20, 21 CIVIL SERVICE RULES. exemption of board's experts and inspectors from, ...... 24 CLAIMS. for damages, unsettled, revivor of, CLERK. choice by directors, ..... must be resident of commonwealth, temporary, how chosen, .... See Corporate Matters (Agreement of Association, Organization). 62 43 43 39 CLERK OF THE BOARD. appointment, duties, salary, etc., appeals from county commissioners' de- cisions to be filed with, certificate as to incorporation, . precedent to construction, as to foreign railroads, . as to gauge, change of, . as to locations, .... as to branches, .... as to land purchased outside of locations as to plans, etc., of locations, as to purchased land, as to route, on appeal, . filing by, of grade crossing abolition agree ments, ..... CLOSING DRAWBRIDGES. See Draw bridges. COLLISIONS. at grade crossings, liability for, . loss of life in, ... 3,4.5 70, 71 41 54 117 42 55-57 71 56 56, 57 56 40 18 113 113 COLOR. or race discrimination, prohibited, penalty, 92 COLOR-BLINDNESS. examination for; penalty. 83 INDEX TO RAILROAD LAWS. 195 COMMISSION, SPECIAL. for crossing alterations, .... 11, 12 See also Crossings, Alteration of. for grade crossing abolition, . . . 13-15 board may be appointed, ... 13 See also Abolition of Grade Crossings. COMMON CARRIER. not liable under trustee process; when, . 99 See also Transportation. COMMON OR PARK. location on, forbidden, .... 54, 55 COMMONWEALTH. reservation of powers to, . . . .36 may purchase roads, when, ... 36 may take roads after one year's notice, . 37 payments for grade crossing abolition, pro- portion, ...... 14 annual limit, total, . . . . 19, 20 bonds, sale of, authorized, . . . 19, 20 application of proceeds, ... 20 not to be assessed, when, ... 14 sinking fund, ..... 19 purchase by, after twenty years, . . 36 reserved rights unimpaired, when, . . 36 service of notice, etc., on, .... 13, 14 taking by, after year's notice, ... 37 unclaimed articles, proceeds of sale for, . 90 secretary of. See Secretary of Common- wealth. COMMUTATION TICKETS. issue of 88, 886 Boston, Revere Beach and Lynn, exempted, 88, 886 COMPENSATION. of commissioners for grade crossing aboli- tion, ...... 14 of county commissioners in location pro- ceedings, ..... 59, 60 for joint use of roads, .... 74 revision by court, .... 74 COMPLAINTS. to board, authorities may make, investigation by board, . by employees, defective machinery, etc. secrecy of, . grade crossings, as to obstruction of, . legal voters may make, COMPLETION. of branches, limit of time for, COMPLIANCE. with laws as to incorporation, certificate, with laws preliminary to operation, certificate, CONCURRENT LEGISLATION. railroad corporations chartered by, benefits, entitled to, of domestic roads, liabilities, subject to, of domestic roads. See also Charters. CONDITIONAL SALES. of rolling stock, .... record by secretary, fee, etc., title to vest in purchaser, when, See Rolling Stock. 8, 9 8, 9 9 9 78 37, 38 36 36 25, 26 26 25 CONDITIONS. and restrictions at grade crossings, 10, 11 CONDITIONS PRECEDENT. branches, as to, construction over ways, as to, grade crossings, as to, land taking, as to, locations, etc., as to. 53, 54, 57, 58, 71 . 66, 67 . 66, 67 . 53, 57 53, 54, 57, 58 See Corporate Matters; Location. CONDUCT. disorderly, in trains. 23, 29, 112 CONNECTING ROADS. accommodations for passengers, freight, etc., 102 annual returns to contain contracts, etc., 33, 103, 115 board may determine compensation, when, 102, 103 bonds, guaranty of each others', . . 50 Boston, exception as to leases or contracts, 33, 103 chartered by other states, privileges of, . 103 compensation for drawing cars, etc., . . 102 construction of term " connecting railroads," 103 contracts and leases between, . . 32, 33, 103 copies of contracts, deposit with board, 33, 103 joint use of, authorized, . . . 101, 102 leases restricted to ninety-nine years, . 103 milk receipts from, .... 100 regulation of tariff between, . . 102, 103 subscription for shares in, ... 50 CONSENT. for grade crossings, . CONSEQUENTIAL DAMAGES. or immediate, provision for, 10, 65, 07 41 CONSERVATORS. may vote as stockholders on stock held, . 44, 45 CONSOLIDATION. of two or more petitions, abolition crossings, 13 CONSOLIDATIONS. regulated, ...... 30 approval by board, . . ... .30 certificate filed with secretary of state, . 30 restrained, "merger bill," .... 30-33 CONSTRUCTION. in grade crossing abolitions, under charters, limit of time for, of branches, of railroads over or under ways, stock payment before, See Grade Crossings; Location Construction. CONSTRUCTION OF ACT. continuation of existing statutes, etc., CONSTRUCTION MATERIALS. injury to, . . . . . CONSTRUCTION, METHOD OF. in grade crossing abolition, CONTIGUOUS COUNTIES, jurisdiction as to land taken in, damages if land lies in, . 14 3S 71 65, 66 41, 53 ::i 110 14, 15 60 19(3 INDEX TO RAILROAD LAWS. CONTRACTS. between connecting roads, . . 32, 33, 103 board to approve, . . . . . 30, 32 copies with board, . . . .9, 33, 103 not invalidated in building branches, . . 71 to operate railroad, by trustees, . . 48 notice to bondholders, .... 48, 49 with express companies, copies for board, . 9 CORPORATE FRANCHISE TAX. See Taxation. CORPORATE LIABILITY. not relieved by advice of board, . . 9 CORPORATE MATTERS. Agreement of Association. annexation to certificates, ... 41 associates, number and qualifications, . 38, 39 authority of, . . . . . .39 capital stock, to set forth amount of, . 38, 39 certificate of incorporation to be recorded with 41 certificate of public convenience, . . 40 clerk, temporary appointment of, . . 39 first meeting, calling; affidavit, . . 42, 43 damages, to secure, ..... 41 detailed contents of, .... 38, 39 directors to be associates, .... 39 to file, 41 duties of directors in, .... 39 foreign countries, to build in, . . . 117 gauge, to state, ..... 38 change of, . . . . . .39 names of directors in, .... 93 publication and posting of, 39 clerk's certificate, evidence of, . . 39 recording of, . . . . . .42 reduction of capital stock, .... 42 secretary of state, filing, etc., with, . . 41 treasurer, temporary, appointment of, . 39 void unless incorporation within one year, . 42 Bonds and Notes. after mortgages, to secure, . . . 47, 48 amount, limits, record, etc., . . 47, 4S, 52 approval and certification of, . 47, 48, 51, 52 bondholders, rights of, . . . . 48, 49 cash premiums, par value, may be com- puted, ...... 47a collectible at law, etc., .... 48 connecting roads, guarantee by, . . 50 denominations, term, interest, etc., . . 47, 48 floating debts, loans to secure, ... 47 increase of, . . . . . .47 issvie of, authority for, .... 47, 48 amount limited, ..... 52 consent of commissioners; proceedings, . 51, 52 expert investigation of cost of property, . 4 proceeds, application of, . . .51 other corporations, of, holding of, regulated, 50 par, issued below, binding, ... 48 registered, issued for coupon, when, . . 4S coupon to be destroyed after, . . 48 mortgages, etc., not to affect, . . 48 savings banks, investment in, by, . . 52c steamship companies, to guarantee, . . 50 trustees, possession, operation, etc., . . 4S, 49 CORPORATE MATTERS — Continued. Books and Accounts, close of, annually, .... corporate records to be at principal office, open to stockholders' inspection, directors may request examinations, . examination by board, annually, inspection by railroad commissioners, legislative committee may inspect, stock and transfer books to be kept at office open to stockholders' inspection, competent evidence in all courts, penalty for refusal or neglect to exhibit, 10, 45, 46 equity jurisdiction to enforce, uniform system, .... See Railroad Commissioners. 116 45 45 9 9 9 115 45 45 45 45, 46 9, 115 42, 47 Capital Stock, agreement of association to state, amount required per mile, . assessments, sale for non-payment, branches and extensions, for, certificates of increase and reduction, elevators, etc., increase to build, expenditure to insure existence, grade crossings, increase to abolish, increase of, authorized; certificate, approval of railroad commissioners, etc., . certificate to secretary of commonwealth within three days, .... duplicate to corporation, time for subscriptions for, . expert investigation of cost of property, issue of, amount per mile, . . . 38, 39 approval of railroad commissioners, decision, 51 certificate to secretary of commonwealth within three days, . duplicate to corporation, equity jurisdiction as to, expert investigation of cost of property, illegal issue, penalty for, outside state, for use, no approval, lost certificates, how replaced, bond may be required, auction, sale at, when, . branches, etc., increase to build, cash payment for new shares, elevators, for, general court to authorize, illegal increase, penalty for, new shares, stockholders entitled to notice to stockholders of, par, new shares for not less than, preferred, .... price of new shares, stockholders to fix price of shares sale of new shares, subscriptions for shares, time for, narrow gauge, paid up, payment in, before certificate, etc., (•(instruction or location, before, as to reduction and certificate of, returns of, to tax commissioner, transfer of shares, See Taxation. 38, 39 38, 39 46 71 42 47 42 47 , 52 51 51 51 51a 4 51 51 52 4 52 51, 52 46 46 53 47 53 47 47 47 52, 53 53 51 526 506 506 52, 53 51a 42 41 53, 54 39, 42 104 45 Certificate of Incorporation. issue, form, fee, . . . . . 41, 42 land damages to be secured, ... 41 limit of time for issue, .... 42 IXDKX TO KAILttOAD LAWS. 197 CORPORATE MATTERS — Gontinued. organization to follow issue, original or copy to be evidence, recording with agreement, . See Charters. Corporate Name. character of, change of, Directors. annual choice of, . agreement of association, etc., to file, names of, given in, associates in incorporating; duties, authorized number, and when fixed, . bonds, registered, regulations as to, books and finances, may request examina tion, ..... capital stock, duties as to, assessments upon shares, increase of, as to, . subscribers, to be, clerk and treasurer, choice by, . crossings, alteration of, may apply for, abolition of, may apply for, . direction and immediate government in, duties, powers and qualifications, fares, rates, etc., to establish, first meeting, calling by, ... fixing route, duties as to, . foreign countries, to construct in, . 1 grade crossings, agreement to abolish, petition for, .... leases, making by, .... meetings, within or without the common wealth, ..... legal without notice, when, president must be a; choice by board of, returns, annual, to board, shares, penalty for illegal issue by, stock dividends issue forbidden, liability as to, . terms of office of, .... vacancies, may fill, before establishment. 42, 43 42 41 38 108 43 41 39 39 43 48 9 46, 51a 46 53 39 43 11 12 43 . 39-43 88 . 42, 43 . 39, 40 17, 118 IS 18 33, 103 45 45 43 115 47 47 47 43 39 Dissolution. application, decree, etc., . majority in interest may apply for, continuance for winding up, extinct after, to be, . receiver may be appointed, when, may prosecute and defend suits, appoint agents, etc., . to pay debts and distribute surplus, surrender of certificate, petition, etc., publication of notice may be required, return to secretary of commonwealth, Dividends. stock dividends forbidden, liability of directors as to, unclaimed, publication. 108, 109 108 109 109 109 109 109 109 109 109 110 47 47 46 Fixing Route. agreement, etc., of local authorities, . . 40 certificates, deposit of, .... 41 commissioners, action on petition, etc.; costs, 40 CORPORATE MATTERS — Continued. map, engineer's report, estimates, . . 39 to be submitted to local boards, . . 40 variations to be noted on map, . 40 spurs, branches and terminals, ... 40 state house, within three miles of, . . 54 tracks longitudinally in ways, ... 40 See Railroad Commissioners; Location, ETC. Foreign Countries. authorized to build in, . . . . 117 agreement of association, . . . .117 capital, increase or reduction of, . . 118 certificate of incorporation, and fee for, . 118 purchase of other roads, steamships, etc, 118 subject to what provisions, . . . 117 taxation of, returns, etc., . . . .119 Gauge. agreement of association to state, . . 38 associates may change, .... 39 conditions as to, . . . .42 change and certificate of, . . . .42 commissioners' duties as to change, . . 42 narrow gauge, capital stock in, . . . 39 change to standard, proceedings necessary to 42 Meetings. calling of, notices, etc.; first meeting, . 42, 43 annual meetings, place and proceedings, . 44 justice of peace may issue warrant for, when, 44 to be held in commonwealth, ... 44 proxy voting; limitations,. ... 44 special meetings, calling and date, . . 44 voting upon shares at, .... 44, 45 fiduciary stockholders, by, . . . 44, 45 Mortgages. authority to give, bonds, prior, secured by, debts, pre-existing, to secure, bondholders, election of trustees by, when, annual report of trustees to, . calling of meetings by, . meeting, annual, of; notice, notice of trustees' contracts to, proxy voting by, . default in performance; proceedings exchange of bonds not to affect, foreclosure, duties, etc., of buyer, trustees, election by bondholders, etc., annual report to bondholders, etc, bondholders, entitled to what voice, confirmation of election of, contracts to operate railroad, equitable jurisdiction over, Officers. accounting officer, to swear to annual re turns, ..... clerk, chosen by directors, oath, must be resident of commonwealth, penalty general provisions as to, president must be a director, special meetings, to call, when, . stockholdings, to vote on, 47,48 48 48 49 49 49 49 48, 49 48 48 48 49 49 49 48, 49 49 48 49 115 43 43 13 43 11 44 198 INDEX TO RAILROAD LAWS. CORPORATE MATTERS — Concluded. treasurer, choice, bond, etc., ... 43 annual returns, to swear to, . . .115 bond issues, to record, .... 47 changes in, certificate to commissioner of corporations, ..... 43 penalty for neglect, .... 43 Organization. first meeting of incorporators, . . . 42, 43 called by directors, .... 42 time, place and purposes stated, . . 42 notice to each incorporator, ... 42 affidavit of clerk as to notice recorded, . 43 waiver of notice, ..... 43 by-laws to be adopted, .... 43 clerk to be chosen, .... 43 must be resident of commonwealth, . 43 clerk of associates to make and attest prior records, ..... 43 election of directors, .... 43 Records. to be kept at principal office of corporation, 45 certificate of incorporation to be with, . 45 copy, attested, of agreement of association, with, . ..... 45 stock and transfer books kept at office, . 45 competent evidence in all courts, . . 45 penalty for refusal to exhibit,. . . 45, 46 prior, to be attested, etc., ... 43 Returns. annual, to railroad commissioners, . . 9, 115 accidents, etc., to report, . . . .115 connecting roads, to contain contract, etc., . 103 contract, leases, etc., to contain copies, 103, 115 form to be prescribed by board,. 10, 115, 116 amendment of defective, . . 10, 116 lessor and lessee, by, . . . .116 penalties for failure, . . . .116 quarterly statement; public inspection of, . 116 Stockholders. assessment of, proceedings, etc., . . 46 bond issue, approval by, .... 47 leases, approval by, ..... 103 lists of, board's access to, . . . .9, 10 for tax commissioner, . . . 103, 104 new shares, subscriptions for, ... 53 price of, to fix, ..... 506 may apply to supreme, etc., court as to stock and bond issues, .... 52 proxy voting, limitations, ... 44 special meeting, may request, ... 44 stock dividends forbidden, ... 51 unclaimed dividends, publication, . . 46 votes of, at meetings, .... 44 Transfer of Shares. attachment not to defeat title, etc., . . 45 delivery, record, etc., .... 45 CORPORATE NAME. character of, . . . . .38 change of, ..... . 108 See Name. CORPORATIONS. subject to railroad laws, .... 36 commissioner of, notice to, of change of offi- cers, ...... 43 COSTS. of location, petition, . . . 40, 59, 60 payment of, alteration crossings, . . 11 recovery of, proportionate, ... 12 reimbursement, in damage suits, . . 16 COUNTIES, CONTIGUOUS. damages if land in, . COUNTY COMMISSIONERS. In General. Boston, jurisdiction devolved as to, fences, construction on order of, order final, .... free pass, penalty for accepting, etc., Crossings. at grade, determination of, abolition of, filing decree with, . agreement, filing copy with, etc., alterations, jurisdiction, proceedings, etc., appeal to railroad commissioners, bridges, rebuilding, etc., how perfected, . heard in county, unless, waiver of, costs, payment of, damages, assessment of, duties further defined, . equity jurisdiction, as to, expenses, apportionment of, in Boston, board to act, in whole or in part, special commission, to ask for, change of course of ways, consent to making, lay-out of ways across, . obstructions, to remove, original jurisdiction as to, private land, severed, etc., as to, raising or lowering of ways, as to, repairs, to order, . safeguards for rails at, . standing wood, removal of, damages, appeal, ways, construction over, to fix mai ner, ..... Damages. assessment by, ..... change of route to avoid serious, contiguous counties, if land in, . discontinuance of proceedings, no, except, different interests in land, limit of time for, .... mortgaged land, in case of, pending suits, assessment when, petition, time for filing, quashing, etc., of proceedings, practice on, revivor of unsettled claims, security for, costs, .... tender to owner on, .... warrants of distress, execution, . 00 11 63 63 . 91. 92 67 15 18 , 11 , 71 10c , 71 71 71 11 11 11a 69 11 11 11a 12 66 66 67 68 69 70 66 68 66 78 Kir, 67 58 59 60 62, 63 60, 61 58 61. 62 62 58 62 62 58 58 58 INDEX TO RAILROAD LAWS. 199 63 63 63 57, 5S 59, 60 55 56 56 56 COUNTY COMMISSIONERS— Concluded. Embankments. culverts, etc., may order, .... do appeal from, as to, .... remedy and damages for non-compliance, . Locations. authorized lay-out and location by, compensation on hearing on change of location, .... filing of location with, . purchased land, of, . outside limits, filing location; proceeding variations in location, filing, . Taxation. appeal to, from local determination of value, See Taxation. COUPLERS. safety, on freight trains, .... COUPONS. in mileage books, detachment of, COURSE OF WAYS. change of, ...... COURT. .See Supreme Judicial Court; Superior Court; Probate Court. CREDITS. transfer of, to loan, crossing abolitions, CRIMES BY AND AGAINST. In General. accidents, omission to give notice of annual return, neglect of, . baggage, injuring or destroying,. checks, not furnishing, . boilers, not testing, . books, non-submission of, brakes, insufficient, . breaking and entering cars, bridge guards, omission or destruction of, burial grounds, lay-out over, crossings, failure to stop at, dead bodies, illegal carriage of, . . . 96 disorderly conduct on cars; penalty, . . 112 drawbridges, violations, obstructions, etc., . 73 engines or cars, obstruction of, . Ill, 112 negligence in management, . . .113 fencing track, neglect of, . . . .63 free passes, issue to state, etc., officers, . 91 forgery of, . . . . . .89 fire safeguards, omission of, 83 frogs, switches, not blocking, ... 74 gaming on cars; penalty, . . . .112 gates, platform, failure to provide, . . 83 at crossings, failure to provide, . . 77 guard rails, not blocking, .... 74 heating cars, neglect, .... 83 lighting by naphtha, .... 83 milk, not receiving, connecting roads, . . 100 mufflers, failure to use, .... 84 private crossings, not closing gates at, . 110 return, quarterly, failure to make, . . 116 road bed, injury to construction materials, . 110 I'd 26, 27 116 90 90 84 10 79 112 74, 75 55 CRIMES BY AND AGAINST — Continued. safety appliances for freight trains, neglect of 83 shares, illegal issue of, ... . 47, 52 signals, injury, etc., of, . . . .29 signboards, failure to erect, ... 77 stations, loitering around, . . . 110 stealing from cars; penalty, . . .112 stock, illegal issue of, ... . ~<2 illegal increase of, .... 47 switches, safety, failure to use, . . . 71 switches, not blocking, .... 71 tools, failure to provide, .... 83 tampering with, . . . . .112 uniforms, neglect of, .... 84 weekly payments, non-payment of, . . 86 Animals. barriers against, non-erection of, driving, etc., on track, illegal transportation of, . 63 110 95, 96 Capital Stock. illegal increase, illegal issue, Cars. disorderly conduct on, expectoration in, gaming on, not heating, obstruction of, etc., . riding upon, without authority, stealing from, . Crossings. gates, flagmen, signals, as to, private, not building, signboards, as to, Employees. assaults on; interference with, . color-blindness, non-examination for, negligence, etc., of, causing injury, uniforms, badges, etc., neglect as to, Forgery. of tickets or passes, . stamp of ticket agent, etc., of, . Gates. at private ways, not closing, or Hags, for neglect of, Grade Crossings. gates or flags, neglect as to, omitting stops at, . unreasonable obstruction, etc., . 47 52 112 111, Ilia 112 83 111, 112 110 112 30 85 113 84 89 89 110 77 78 Life. endangerment of, loss of, negligent, Merchandise. discrimination between shippers of, illegal transportation, etc, milk, non-forwarding, etc., 112 27, 28, 113 . 93,94 94 100 200 INDEX TO RAILROAD LAWS. CRIMES BY AND AGAINST Negligence, at crossings, injury, loss of life, causing, 1/ - Concluded 77, 113 . 27 29,80-82, 113 Passengers. arrest of, without warrant, when, baggage checks, not furnishing to, baggage, penalty for neglect of, fares, evasion of payment of, arrest for refusing, ejection for non-payment, excessive cash fare, charging, smoking cars, requiring women, etc., to ride in, .... withholding accommodations from. Railroad Police. 84 appointment, ..... 22. 23 witness fees not allowed to. 24 Rolling Stock. brakes, etc., insufficient, . 79 fire safeguards, omission of, 83 heating of passenger cars, neglect of, . 83 lighting by naphtha, etc., . 83 locomotive boiler, not testing. 84 mufflers, neglect to provide or use. 84 platform gates, failure to provide, 83 tools and appliances, failure to provide. 83 Safety Switches. blocking, failure to use; penalty, 74 failure to use, ..... 74 Stations. expectoration in, . 111, Ilia loitering around, .... 110 omitting signs on, . 74 riding on cars, etc., Boston Terminal, 110, 1106 Tools on Trains. failure to carry, .... 83 tampering with, .... 112 Track. driving, etc., horse, etc., on, 110 permitting beasts upon. . 110 walking or standing on. 110 Trains. gross mismanagement of, . . 113 missiles, throwing at. 30 obstruction by, .... 78 obstruction of, .... 112 wilful stoppage of, . 112 See Penalties. CROSSINGS. In General. alteration, special commission, etc., . . 11 See Alteration of Crossings. authorized location and construction, . 64, 65 bell, ringing at, ..... 76 consent to making, ..... 66 determination of. ..... 57, 58 freight trains not to obstruct, ... 78 inspection of, by inspectors, ... 24 CROSSINGS — Continued. lay-out of way over, upon, negligence at, . new, after separation of grades, maintenan of, 16 private railroads, of, regulation by board, private ways, application for damages, limit regulation of grade crossings by board right of way by prescription, none, signboards, approval of, . Boston. jurisdiction of board in, . in whole or in part, 67 '7, 113 17, IS 117 69, 70 75 71 77 11 11a Bridges. height, construction, etc., . overhead, height, of, repairs, application, obligation, etc., .... Canals. alterations in course of, damages for, payment of, . Flags, Gates, etc. board may order, Grade Crossings. See Abolition op Grade Crossings; TERATION OF CROSSINGS. . 65, 66 . 65, 66 damages, 16, 17, 68, 69 68 77 Al- Land. severance of, appeal, .... 70 taking, for abolition or alteration of, etc., 11, 15, 16 See Location. Navigable Waters. damages, recovery of, .... 65 over, authority for, ..... 65 Obstructions. application for removal, etc., ... 68 county commissioners, original jurisdiction, 69 equity jurisdiction as to, . . . . 69 indemnity against, ..... 68 standing wood, removal of, damages, etc., . 78 trains, by; penalty, ..... 78 assignee or receiver, by, .... 78 freight trains, relief against, ... 78 Private Crossings. gates, flagman, signals, etc., ... 77 not building; penalty, .... 70 signboards, as to, . . . . . 77 Private Land. access to, cutting off, .... 70 severance, etc., of, appeal, ... 70 county commissioners, etc., ... 70 Railroad. tracks of two roads; separation by agree- ment, ...... 64 board to supervise, .... 64. 65 IXDEX TO RAILROAD LAWS. 201 CROSSINGS — Concluded. Regulations, Rules. board may make, for particular crossings. Repairs. application of authorities for, bridges, etc., to, obligation, damages, etc. county commissioners to order, . indemnity to city or town, lay-out of way over, upon, of new crossing, after separation of grades, 16, 17, 18 Signals. at overhead crossing, enforcement of, . 77 electric, board may order, ... 77 interlocking, expense, etc., . . . 75, 76 Standing Wood. removal of, . damages, appeal, . Street Railways. crossing by, consent to, regulated, 10, 11 Trains at. changes as to shifting, etc., . . . 76 board may recommend, . . . 76 obstruction by; penalty, .... 78 assignee or receiver, .... 78 freight trains, relief against, ... 78 Ways. change of course of, . . . . .66 damages, payment of, . . .66 equity jurisdiction as to, .... 66 grade crossing, consent for, ... 67 lay-out of railroad over, not to obstruct, . 65 lay-out across railroad, consent to, . . 67 not to obstruct railroad, ... 67 metropolitan parkways, as to, . . 67, 68 repairs, making of, ... . 68 over or under, conditions as to, . . 65, 66 raising or lowering, for, .... 66 security for damages, .... 66 Whistling. at grade crossings, .... 76 regulated by board, .... 76 See County Commissioners; Alteration of Crossings. CROSSINGS, ALTERATION OF. See Alteration of Crossings. CROSSINGS, ILLEGAL, attachment to prevent, CULVERTS. county commissioners may order, no appeal from, as to, . See Location. D. DAMAGES. In General. agreement of associat ion to secure, . . 41 assessment and payment, .... 58-63 by county commissioners, ... 58 65 63 63 DAMAGES — Concluded. avoiding by change of location, Boston, special provisions for, application for jury, how made, bridges, for not repairing, canals, upon alterations in, change of location to avoid, consequential or immediate, provision for contiguous counties, if land in, . contingent estates, damages and indemnity of, .... claimants having different interests may be awarded separately, trustee may be appointed by probate court, ..... different interests in land, discontinuance of proceedings forbidden etc., ..... double damages on neglect to fence, etc., employees, for injury or death, . equity jurisdiction as to damages, to land, expressmen, non-liability for, fencing locations, in addition to damages, guardian or trustee, release by, . jury, application for; procedure; costs, limitation of time for, land, certificate as to provision for, married women, due to, disposition of, navigable or tide waters, for crossing, . non-payment, effect of, . parkways across railroads, for, . pending suits, assessment when; limitation petition, time for filing, plans, payment for, in abolition cases, private ways, limit for application, quashing, procedure upon, reimbursement for costs, etc., remainderman or reversioner, claims by, revivor on extension of time; limitation, suits, payment pending, temporary loans, for payment of, tenant for life, claim by, . tenant in possession, may ask for jury, County Commissioners. assessment, .... limit of time for, security for, and costs, tender to owner on, . warrants of distress or execution for, 59 35, 36 36 68 68 59 41 60 60 60 60 61 60 62, 63 63 81, 82 59 113 63 60 58, 59 5S 41 61, 62 65 59 68 61, 62 58 13 69, 70 62 13 60 62 61, 62 20, 21 60 61 58 58 5S 58 5S Crossings. for abolition of, alteration of, for, actions to be begun within one year navigable, etc., waters, over, payment of damages, railroad grade crossings, for abolition separated by agreement, temporary loans for payment, . Mortgaged Land. assessment; procedure, division between parties, . proceedings when taken. . Ways. on change <>f course of, raising or lowering, etc., security for, 16, 20, 21 11 16 65 66 65 18 20, 21 66 66 202 INDEX TO RAILROAD LAWS. DEAD BODIES. carriage of, regulation, .... 96 DEATH BY ACCIDENT. inquest in case of, ..... 27 DEBT LIMIT. temporary loans outside, abolition crossings, 21 DEBTS. He >ating, loans to secure. . pre-existing, bonds to secure, DECREE. abolition crossings, filing, effect, etc., in any county, without fee, alteration crossings, to be final, DECREE FOR PAYMENT. expense abolition crossings, . . . 17 DEFAULT. in performance, mortgages, proceedings, . 48, 49 DEFECTIVE MACHINERY. complaints by employees, ... 9 . 47 48 48 . 15 16 17 L26 12 DEFECTIVE NOTICES. correction of, . DEFECTIVE RETURNS. amendment of, 113 10, 116 DEFINITION. connecting railroads, .... 103 of terms, 35 public way, 35 railroad, railroads and railways, 35 railroad corporation, 35 board of aldermen, . 35 selectmen, 35 DESTRUCTION. of bridge-guards, penalty, DIFFERENT INTERESTS. in land, damages, .... DIRECTION. of road may be varied, when, DIRECTORS. See Corporate Matters. DISCONTINUANCE. of damage proceedings, when, of grade crossings, . . . . . public or private way, . . . . of ways, abolition crossings, DISCRIMINATION. enforcement of penalties for, shippers of merchandise, between, forbidden, 75 60, 61 56 DISORDERLY CONDUCT. in trains, etc 23, 29, 112 passengers, arrest without warrant. . . 23 DISSOLUTION. of corporations, petition, decree, etc., 108, 109 continuance for winding up, . . . 109 extinct after, to be, .... 109 majority in interest may apply for, . . 108 receiver may be appointed when, . . 109 may prosecute and defend suits, appoint agents, etc., ..... 109 to pay debts and distribute surplus, . 109 surrender of certificate, petition, etc., . 109 return to secretary of commonwealth, . 110 publication of notice may be required, . 109 DISTRESS. warrants of, land damages, ... 58 DISTRICT ATTORNEY. to recover penalties for violation of laws as to equipment, etc., ... 80 for failure to use platform gates, . . 83 as to transportation of merchandise, . 94 DISTRICT POLICE. to enforce weekly payment law, ... 86 to regulate transportation of explosives, ex- cept on railroads, . . . .99 DIVIDENDS. stock dividends forbidden, . . . 47, 51 liability of directors as to, . . . 51 unclaimed, publication, .... 46 See Corporate Matters. DOUBLE DAMAGES. for neglect of fencing, .... 63 DRAWBARS. standard height of 79, SO DRAWBRIDGES. closing, regulations, . drawtender, ability, duties, gates across track, erection, board to fix distance, penalties for neglect, obstruction, rules for, .... signals, display of, . trains, time allowance to, . full stop, brought to, by enginemen, when vessels, passage through, . violations, obstructions, etc., DRAWING CARS. compensation for, connecting roads, . DRIVING BEAST. on track, ....... DUE CARE. prerequisite, loss of life, . DUTIES. directors, of, . inspectors, of, ...... of board. See Railroad Commissioners. special commissioners, alteration of cross- ings, of , . special commissioners, abolition grade cross- ings, of , . 72 72 73 73 73 72 72 72 73 72 73 102 110 27 39, 43 24 11, 12 14, 16 INDEX TO KAILUOAD LAWS. 203 E. EASEMENTS. in lamb adjoining public ways, abolition proceedings, payment, . . . 15, 16 in lands adjoining private ways, payment, . 15, 16 80, 80d EJECTION. from trains, for evasion of fare, . at regular passenger stations only, ELECTRIC SIGNALS. at crossings, board may order, . ELECTRICITY. railroad operation by, ELEVATED RAILROAD. petition for charter to general court, liability for accident to employees, ELEVATORS, GRAIN. increase of stock to build, EMBANKMENTS. county commissioners may order, no appeal from, as to, See Location. land for, taking, etc., EMPLOYEES. accidents to, assaults on, punishable, assumption of risks by, restricted, badges, uniform, caps, penalty, bond not to be required from, brakemen, number, . color-blindness, examination, complaints by, . damages for injury or death, defective machinery, complaints accidents resulting from, employers' liability for injuries, actions under, on elevated railways, extinguishing of fires by, . fatal accidents to, injuries to, interference with, jury duty, exemption from, Lord's day, work upon, military duty, exemption from, negligence of, causing injury, railroad police, appointment as, recommendation of, by public officers relief societies for, rest, one day in seven, uniforms, etc., neglect, wages, weekly payments to, See Relief Societies. ENCROACHMENT ON LAND. no title by, .... ENDANGERMENT. of life ENFORCEMENT OF LAWS. regulating grade crossing abolitions, . See Equity; Railroad Commissionkks 23, 29 29 77 ENGINES, LOCOMOTIVE. 79 boilers, testing, .... . 83, 84 obstruction of, .... 111, 112 fire from, liability for, 113, 114 37 insurable interest, 114 80c spark arresters for, .... See Bells; Whistling. 114 63 63 of, 27, 28, SO, 81, 82 30 80, 806 84 85 79 85 9 80-82 9 80, 80d 80-82 81, 81a 80c 115 28, 81 80, 81 # 30 *87 85 87, 88 81, 113 22 85, 86 21 85 S4 86 :>7 112 ENGINEER, STATE. to examine plans for crossing abolition, ENGINEER'S ESTIMATES. of length of line, cost, etc., in locations, report, map, etc., .... variations, ..... 126 53 39 40 ENGINEMEN. control of train by brakes, ... 79 negligence of, penalty, . . . .113 See Crimes; Drawbridges; Employees; Equipment and Operation. 17 ENTRY. of petition for grade crossing abolitions, no- tice to board, .... 13 EQUAL FACILITIES. and terms, for transportation, ... 93 EQUIPMENT AND OPERATION. In General. bell, ringing at crossings, .... 76 Boston, aldermen in, to regulate, . . 35 brakes and brakemen, .... 79 bridge guards, ...... 74 defective machinery, complaints by em- ployees, ...... 9 electricity, operation by, .... 79 examination by railroad commissioners au- thorized 8, 9 frogs, blocking; penalty for neglect, . 74 grade crossings, whistling, etc., at, . . 76 guard rails, blocking; penalty for neglect, . 74 interlocking signals, proceedings to author- ize, ...... 75, 76 Sunday trains and boats, board may author- ize 101 whistles, sounding at crossings, ... 76 Accidents. investigation by inspectors, ... 24 inquest in case of death, .... 27 medical examiner, notice to, . . . 26 on street railways, ..... 26 railroad commissioners, notice to, . . 26 Accommodations. penalty for withholding, . . . . S4 reasonable, for passengers, ... 84 Bridges. alteration in, . . . . . 11, 6S, 69 bridge guards, erection; penalty for neglect, 74, 7."i examination of, and report , by experts, 4, 25 repairs, damages, etc., . . 16, 17. 68, 69 ways over or under, construction of, . . 65, 66 Drawbridges. closing, regulations for, draw -tender, abilities, duties, ... 72 204 INDEX TO HAILROAD LAWS. 80 -82 9 28 81 80 81 87 87 88 81, 113 22 86 21 84 85 86 EQUIPMENT AND OPERATION — Continued. gates across track, erection of, . . . 73 railroad commissioners to fix distance, . 73 passage of vessels through, penalties for neglect, obstruction, etc. rules for, .... signals, display of, . trains, time allowance to, . . . .72 full Stop, brought to, when, ... 73 Employees. assaults, etc., on, punishable, ... 30 assumption of risk by, .... 80 badges and uniform caps; penalty, . . 84 bond not to be required from, ... 85 brakemen, number required, color-blindness, examination as to, . . 85 complaints by, .... damages for injury or death, defective machinery, complaints of fatal accidents to, injuries to, .... jury duty, exemption from, military duty, exemption from, negligence of, causing injury, . 27, 28, 80, railroad police, appointment as, wages, weekly payments to, relief societies for, uniforms, etc., neglect as to, recommendation of, by public officers Fire. from engines, liability for, . . 113, 114 insurable interest, ..... 114 Freight Trains. equipment with safety appliances, . . 79 automatic couplers, .... 79 drawbars, standard height of,. . . 79, 80 four-wheel cars exempt, .... 80 grab irons or hand holds, ... 79 penalty for violation, .... 80 refusal of cars from other roads, . . 79 risk, non-assumption by employee, . 80 not to obstruct crossings, .... 78 Inspection. accidents, investigation of, ... 24 duties of inspectors as to, . . . . 24 inquests, inspectors to attend, ... 24 report to board, ..... 24 witnesses, summoning of, as to, . . 24 Joint Use. of road or station, award of compensation, . 74 revision of award by court, ... 74 Railroad Police. appointment of, ..... 22 duties in general, ..... 23 Rolling Stock, etc. additional appliances for safety, . . 88 attachment of , . . . . . .26 forbidden, unless, etc., 2G brakes and brakemen for, ... 79 power and train brakes, . ... 79 EQUIPMENT AND OPERATION - conditional sale of, . acknowledgment, record, fee, etc., general law not applicable, name of owner, etc., to bear, . payment of price, record, fee, couplers, .... fire, safeguards against, grab irons, etc., as to, heating of passenger cars, . inspection of, . lighting by naphtha, etc., forbidden, locomotive boilers, testing of, machinery, considered, when, mufflers for vacuum brakes, safety valves, for, platform gates, safety appliances, extension of time, suggestions of additions to, tools to be carried, . Concluded. 25, 26 26 26 26 26 79 S3 79 83 24 83 83, 84 81 84 84 83 80 8 S3 Stations. abandonment forbidden, when, . attorney general, duty as to, . board to suggest changes, etc., . joint occupancy, award of compensation, revision of award by court, name on signs at or near, . relocation permitted, when, board may recommend, Switches, penalty for not blocking, .... safety, to be used; approval of, Trains. cheap morning, to be furnished, . Sunday, running on, ..... workingmen's, ..... See Trains. EQUITABLE JURISDICTION. See Su- preme Judicial Court; Superior Court. EQUITABLE RELIEF. See Supreme Judicial, Court; Superior Court. EQUITY. See Supreme Judicial Court; . Superior Court. ESTABLISHMENT OF FARES. by directors, ...... See Fares. ESTIMATES. to accompany charter petitions, . engineers, in location proceedings, 73, 74 74 8 74 74 74 74 86 71 74 91 101 91 ss 37 53 EVASION OF FARE. penalty, ....... 29 passenger may be ejected for, . . . 23, 29 may be arrested by railroad police, . 23 EVIDENCE. original, or copy, of incorporation certificate, to be, ...... See Corporate Matters. !_' INDEX TO RAILROAD LAWS. 205 EXAMINATION. as to color-blindness, 85 of bridges, by experts. . 4, 25 of books and finances. 9 of railroads, by board, 7, 8, 9 notice of, when. 9 EXCHANGE. of bonds, not to affect mortgages, EXECUTION. for payment of land damages, EXECUTOR. may vote as stockholder on stock held, to sue, loss of life, .... 59 . 44, 45 EXEMPTION. from fencing, by board, .... 63 revocation of, proceeding, ... 63 of experts and inspectors from civil service rules 24 of four-wheel freight cars, appliances, . 80 EXEMPTION FROM TAXATION. See Taxation. EXIGENCY. certificate of public, .... 39, 40 not required if located under special char- ters 38 EXISTING RAILROADS. subject to general law, .... 36 EXPECTORATION. in cars, stations, steamboats, etc., . Ill, Ilia EXPENDITURES. to insure existence, . . . . .42 EXPENSE. of crossing alterations, apportionment, . 11 of grade crossing, abolition by agreement, . 18 amount payable by commonwealth, . 19 of grade crossing abolitions by special com- mission, ..... 16, 17 limit chargeable to towns, etc., . . 14 EXPENSES OF BOARD. provisions as to, . . . . . 5 assessment of, .... . 5 EXPERTS. appointment by board, . . . . 4, 5 examination of bridge by, ... 4 to make appraisals of property, . . 4 transportation of, .... . 5 EXPLOSIVES. transportation of, by railroads, . . . 97, 98 damages for injuries, recovery, . . 9S marking packages, . ... 98 passenger carrier not to carry, unless, . 98 refusal to carry, permitted, . . . 98 torpedoes, marking of, .... 1126 EXPRESS COMPANIES. contracts with, copies for board, . . 9 railroads not liable for injuries by, . . 113 EXPRESS COMPANIES— Concluded. returns by, ..... time of filing changed, supervision of, by board, . EXPRESSMEN. approval of, by board, local, discrimination between, forbidden, contracts with, .... equitable jurisdiction to enforce, indemnity required, non-liability for damages by acts of, . EXPRESS MESSENGERS. season tickets for, .... EXTENSION OF TIME. for location, to revive claims, EXTENSIONS. certificate for, capital, etc., See Location. EXTRA CASH FARES. on trains, ..... coupons for repayment, penalty for charging excessive, F. FACILITIES. equal, to all persons and companies, FARES. directors to establish, evasion of, arrest, changes, suggestion of, commutation tickets, issue of, consolidation, no increase after, ejection for non-payment, evasion of, penalty, . extra cash fares on trains, coupons for repayment, penalty for excessive, legislature may revise, limited tickets, terms, etc., reduction on certain trains, FATAL INJURIES. to employees, . to passengers, inquest, etc., 106 1146 7, 8 93 93 93, 94 94 93 113 62 ss 93 88 29 8 31 29 29 88 88 88 88 91 91 M. 82 FEES. and expenses of grade crossing commission- ers, paid by railroads in first instance, thereafter apportioned to respective parties, ..... FENCES, FENCING. See Location. FIDUCIARY STOCKHOLDERS. may vote upon .stock held, FILING LAND TAKINGS. in grade crossing abolitions, See Location. FILING LOCATIONS, certification, etc., with county commissioners, purchased land, of, of branches, .... Sec I .<>■ \tion. . 44, 45 15 54 55, 56 56 71 206 INDEX TO RAILROAD LAWS. FILING PETITIONS. for damages, time, . 5S FILING REPORTS. by auditors, grade crossing abolitions, . 17 by grade crossing commissioners without fee, 126, 15 See Returns, FINANCES. examination of, .... . 9 FIRE. by engines, damages from, liability for, 113, 114 insurable interest, .... 114 safeguards, board may order; omission of, penalty, ..... 83 spark arresters for locomotives, board to ap- prove, . . . . .114 locations, adjoining land, etc., to be cleared, . . . . 114, 115 FIRE EXTINGUISHERS. board may order; omission, ... 83 FIRE SIGNAL. from locomotives, when, etc., . . . 115 law as to whistling, etc., not affected,. . 115 FIREMAN. negligence of, . . . . . .113 FIRST MEETING. of corporations, calling by directors, . . 42, 43 See Corporate Matters. FIXING ROUTE. See Corporate Matters. FLAGS. at crossings, neglect of, FLOATING DEBTS. loans to secure, FORECLOSURE. of mortgages, duties, etc., of buyer, rights of purchaser under, FOREIGN COUNTRIES. authorization to build in, etc., . purchase of roads, steamships, etc., sale of tickets to, bond, etc., See Corporate Matters. FOREIGN RAILROADS. agreement of association, . by concurrent legislation, rights, etc. directors, capital, .... increase or reduction of, certificate of incorporation, directors, clerk, powers, etc., duties of board, may acquire other railroad and steamship lines, subject to what provisions, taxation of, returns, etc., . FORFEITURE OF CHARTER. for unauthorized increase of capital, . 49 50 . 49 50 11", 118 118, 119 . 88 89 117 36 117 118 118 118 118 117 118 117 119 FORGERY. of tickets, .... of stamp of ticket agent, etc., FORM. of annual returns, prescribed, FORWARDING. merchandise, promptly, milk, etc., .... FREE PASSES. See Passes. FREIGHT TRAINS. equipment with safety appliances, automatic couplers, drawbars, standard height of, . four-wheel cars exempt,. grab irons or hand holds, penalty for violation, making up of, changes in, not to obstruct crossings, . relief against, refusal of cars from other roads, risk, non-assumption by employees, shifting, changes in manner of, . FREIGHT TRANSPORTATION. charges for, .... discrimination forbidden, See Merchandise. FROGS. board to approve blocking, blocking, penalty for neglect, G. GAMING. on cars, penalty. GATES. at drawbridges, at private ways, not closing, or flags at crossings, application for, or electric signals at, board may order, neglect of, . proceedings to enforce, GATES, PLATFORM. failure to provide, GAUGE. agreement to state, . conditions as to, change of, commissioners' duties as to, certificate of clerk, narrow, capital stock in, . change to standard, proceedings, GENERAL COURT. may revise rates, petitions for incorporation to, may authorize stock increase. See Legislature. GENERAL LAW. organization under, . . . 89 Ml 10, 115 94 99, 100 79 79 79, SO 80 79 80 76 78 78 79 80 76 91 94 71 71 112 73 110 77 77 77 77 77 83 38 38 39,42 42 42 39 42 88 37 47 38, 39 INDEX TO RAILROAD LAWS. 207 GOVERNMENT. of corporations, by directors, ... 43 GRAB IRONS. or hand holds, freight trains, approval, etc., 79 GRADE. change of, consent of board, ... 15 special commission to specify, in abolition crossings, ..... 15 GRADE CROSSINGS. In General. abolition and alteration, distinction, . . 20, 66 another railroad, over, .... 65 regulations as to, by railroad commission- ers, ...... 75 bell and whistle sounded at, . . . 76 regulations as to, by railroad commission- ers, ...... 76 collisions at, liability for, .... 113 conditions and restrictions by commissioners, 10, 11 consent for, . . . . . .66 increase of stock to abolish, ... 47 interlocking signals, adoption of system, . 75, 76 expense, award of, etc., ... 76 obstruction of, unreasonable, ... 78 private crossings, appeal, ... 70 hearing in county where taken unless, . 71 separation of two railroads, . . . 64, 65 stops at railroad; penalty for not stopping, . 75 street railways, with, authorization, . . 10 trains, shifting at, . . . .76 whistles or bells to be sounded at, . . 76 regulations as to, by railroad commission- ers, ...... 76 Construction. over ways, ...... 65 conditional on not obstructing way, . 65 county commissioners to fix manner, . 67 over ways, consent of board, ... 67 safeguards for rails, .... 66 ways over railroads, construction, . . 65, 66 Gates or Flags. application for, ..... 77 board may order, ..... 77 electric signals at. ..... 77 equity proceedings to enforce. ... 77 penalty for non-compliance, ... 77 Railroad Grade Crossings. consent to, ...... 65 regulations for, ..... 65 separation of, duties as to. . . . 64, 65 Signboards. erection, inscription, etc., .... 77 application for, ..... 77 equity proceedings to enforce, . . 77 penalty for non-compliance, ... 77 Street Railways, consent to, ...... 10 abolition crossings, to contribute, when, . 14 reimbursement, when, how expended, . 14, 15 location changed, . . . . 15 auditor, . . . . . .17 GRADE CROSSINGS — Concluded. Ways, change of course of, damages for, equitable jurisdiction as to, lay-out across railroad, private crossings, appeal, . repairs, making, 66 66 67 70 68, 69 GRADE CROSSINGS, ABOLITION OF. See Abolition of Grade Crossings. GRAIN ELEVATOR. stock holding in, . . . . .50 GRAVEL. taking land for, etc., .... 55 GUARANTY. of bonds, connecting roads, ... 50 GUARD RAILS. blocking, penalty for neglect, ... 74 GUARDIAN. damages, release by, .... 60 may vote as stockholder on stock held, . 44, 45 assessment of tax on stock held by, . 106, 107 GUARDS. bridge, erection; penalty for neglect, . . 74, 75 H. HAND HOLDS. or grab irons, freight trains, ... 79 HARBOR AND LAND COMMISSIONERS. to consent to construction over navigable waters, ...... 65 HEARINGS. by special commissioners, crossing aboli- tions, ...... 14 HEATING. cars, passenger, regulation; penalty, . . 83 HEIGHT. of bridges, overhead. . 65, 66 . 65. 66 HIGHWAYS. crossing by private railways, . . 116, number to be crossed to be shown on map of route, ..... over railroads, .... railroads are not to obstruct, raising and lowering; county commissioners to direct, .... taken by railroads; consent of town pre- requisite, .... See Crossings; County Commissioners; "Ways. 39 67 65 66 56 I. ILLEGAL. stock issues, penalty for, . stock increase, penalty for. . 47, 62 47, 50, 51 208 INDEX TO RAILROAD LAWS. IMPROVEMENTS, board may suggest, . in mode of operation, as to, rolling stock and stations, as to, INCORPORATION. petition for, to general court, certificate as to, to be evidence, etc., of relief societies. 37 . 41, 42 42 21 22 See Charter; Corporate Matters. of bonds and notes, . 47 of capital stock, . 42, 47, 52 illegal increase, 47 illegal issue, . 51, 52 authorized certificate of, . 42, 45 to build elevators, . 47 approval by board, 51 for branches, 47 general court may authorize, . 47 See Corporate Matters. INDEMNITY. against obstructions, crossings, . to city or town, . INFORMATION. to be furnished board, . INJUNCTION. against discrimination, transportation, INJURIES, LIABILITY FOR. authorization of recovery for negligence, collisions at crossings, for, crossings, for negligence at, employees, to, . express companies, railroads not liable for, . fire from engines, for loss from, . . 1 insurable interest in adjoining property, . littoral on tide water, to, . merchandise, for not transporting, etc., negligence, for, . private crossings, from not closing gates, railroad police, caused by, . recovery over by town against, . . 1 tracks longitudinally in ways, from, towns, to, when, 1 INJURY. causing loss of life, . of signals, ..... to baggage, to construction materials, INQUESTS. in case of death by accident, inspector to attend, . report for board upon death by accident, bill approved by board, INSANE HOSPITALS, STATE. location over land of, forbidden, INSPECTION. duties of inspectors as to, . accidents, investigation of, inquests, to attend, report to board, witnesses, summoning of, 93. 94 _>; , 28 113 113 . 81 , 82 113 13, 114 114 65 94 27 110 24 12, 113 40 12, 113 2" \ 28 29 90 110 2 1 27 24 24 24 24 24 INSPECTION — Concluded. of crossings, ...... 24 of equipment and machinery, ... 24 of roadbed, ...... 24 of rolling stock, ..... 24 of stations and grounds, .... 24 of tracks, ...... 24 recommendations upon, .... 24 INSPECTORS. direction of examinations by, . 24 railroad and railway, appointment, . 3, 4 report to board, . .... 24 to inspect crossings, .... 24 to investigate accidents, .... 24 exemption from civil service rules, unless, . 24 INSTITUTIONS, STATE. locations on land of, forbidden, except, . 54 INSURABLE INTEREST. as to fires from engines, . . . .114 INTERESTED PARTY. application as to bond issue, to court, . 52 INTERESTS IN LAND. different 60 INTERFERENCE. with employees, . .... 30 INTERLOCKING SIGNALS. proceedings to authorize, . . . . 75, 76 expense, award of, etc., ... 76 INTERSTATE COMMERCE COMMIS- SION. form of returns required by, ... 10 returns may conform to, . . . .10 one month's notice of change, . . 10 ISSUE OF STOCK. See Corporate Matters (Capital Stock, Directors). J. JOINT USE. of connecting roads authorized, . 101, 102 of stations, ...... 74 award of compensation, .... 74 revision by court, .... 74 JURIES. application for, in Boston cases, JURISDICTION. of board in Boston crossing alterations, of county commissioners, crossings, crossing alterations, over land takings in contiguous counties, of damages, equity, of police officers on trains, etc., . to enforce grade crossing abolition, 35 11 60 60 23 17 JURISDICTION IN EQUITY. See Supreme Judicial Court; Superior Court. JURY. in damage suits, application for, etc., . 58, 59 in Boston, ...... 35, 36 limitation of time for, .... 58 INDEX TO RAILROAD LAWS. 209 JURY DUTY. exemption of railroad employees from, JUSTICE OF THE PEACE. may issue warrant for corporation meetings, when, ...... L. LABOR AND MATERIALS. action for, .... contractor not to sue for, . limitation of action for, notice as to materials, filing, sworn statement as to labor, filing of, II 107 107 107 108 10S LAND. adjoining locations to be cleared of leaves, etc., ..... 114, 115 encroachment on, no title by, ... 57 mortgaged, damages, . . . . 61, 62 in contiguous counties, damages, . . 60 41 62 62, 63 61 41 60 LAND DAMAGES. application for, .... certificate as to provision for, new application if proceedings are quashed discontinuance regulated, for mortgaged land, .... to be secured, when, .... in contiguous counties, . See Location, etc. LAND OWNER. consent to crossing of private railways, erection of fences on request of, LAND TAKING. and damages, . conditions precedent, as to, crossing alterations, for, grade crossing abolition, for, outside of route, limits, etc., See Location. LAY-OUT. of ways over railroad, metropolitan parkways, etc., repairs, making, See Location. LEASES, CONSOLIDATIONS, ETC. approval by railroad commissioners, . . 30 certificate of, tiled with secretary of state, 30 between connecting roads, . . 32, 103 1 H. 59 56 -63 53 57 11 15 16 56 67 67 68 copies with board, directors may make, restricted to ninety-nine years, . regulated, .... not to be avoided in building branches, stockholders to approve, . LEGISLATION. concurrent, railroads chartered by, recommendations for, by board, LEGISLATIVE COMMITTEES. inny inspect books and accounts, LEGISLATURE. See General Court. 9, 33, 103 33, 103 103 32, 33, 103 71 103 36-38 LESSEE. returns by, . . . . . .116 LESSOR. operating railroad, subject to general law, . 36 returns by, . . . . . .116 LIABILITY. corporate, not relieved by board's advice, . 9 employer's, for injuries, .... 80-82 actions under, .... 81, 81a for collisions at grade crossings', . . 113 for injuries. See Injuries. of directors, stock dividends, primary, for payments, abolition damages, . LIBRARY, STATE. plans with special charters to be deposited in, LIEN. for cost of fences, etc., .... on registered land, how recovered, 51 16 38 64 64 LIFE. endangerment of, . . . . .112 loss of, negligent 27,28,113 See Loss of Life. LIGHTING. of cars by naphtha, etc., forbidden, . . 83 LIMIT. of annual payment by commonwealth, aboli- tion grade crossings, . . . 19 LIMIT OF EXPENSE. grade crossing abolitions, to towns, . . 14 LIMIT OF TIME. for completion of branches, ... 71 for construction of road, .... 42 for damage assessments, .... 58 for issue of certificate of incorporation, . 42 private ways, damage applications, . . 70 LIMITATION. of actions, loss of life, ... 28 to proxy voting, ..... 44 LIMITED TICKETS. terms, etc., ...... 89 LIMITS OF LOCATIONS. land taken out side, ..... 56 See Locations; Taxation. LIQUOR. transportation into no-license towns, . . 96, 97 LISTS. of stockholders, access to, . . .9, 10 LITTORAL OWNER. on tidewater, liability to, . . . • 65 LOANS. by towns for payment, damages, abolition crossings, . . . . . 20, 2] repayment of loan, .... 21 210 INDEX TO RAILROAD LAWS. LOCAL AUTHORITIES. agreement as to route, .... 40 to apply for crossing alterations, . . 11, 12 See Aldermen; Selectmen. LOCATION. of crossings, ..... 17, 18, 65 to he cleared of leaves, etc., . . 114, 115 under charters, '' . . . . .38 LOCATION AND CONSTRUCTION. Conditions Precedent, capital stock, subscription, payment, etc., . 53 certificate of board, etc., filing; fee, . . 54 county commissioners to authorize lay-out, 55, 56 engineer's estimates of cost, submission to board, ...... 53 fixing the route, ..... 39, 40 organization of corporation, etc., . . 38, 39 prior conditions as to branches or extensions, 53, 71 taking land, prerequisites for, . . . 57, 58 ways, construction over grade crossings, . 66 See Corporate Matters. Changes of Location. by county commissioners, to avoid serious damages, ..... 59, compensation of county commissioners, to improve alignment, .... variation in route, consent to. Construction of Road. when to begin and be completed, . . 42, gauge, conditions as to, limit of time for construction, county commissioners may order embank- ments, etc , . remedy and damages for non-compliance, longitudinally in ways, .... Embankments, Culverts, etc. construction of, .... . double damages in tort for neglect of, specific performance of order, county commissioners may order. 71 42 42 63 63 40 Fencing. construction on county commissioners' order, order as to, final, . upon request on taking land, action of tort upon delay, additional to damages to land owner, cattle barriers, erection of, cost, lien for, and recovery of, . double damages for neglect, entire length, to be built along, . equity process to restrain or compel, exemption, by railroad commissioners, revocation of exemption; proceedings, land owner, erection on request of, penalty for not building, . registered land, sale for costs of, specific performance of order, Locating the Road. common or park, location on, forbidden, etc., burial grounds, through, forbidden,. Massachusetts state sanatorium, not on land of, ..... 63 63 59 63 63 63 64 63 63 63 63 63 59 63 64 63 LOCATION AND CONSTRUCTION — Concluded. outside limits, allowance of location, . . 56 materials, new tracks or stations, for, . 56 taxation, not exempt from, ... 57 public parks, consent to location on, . . 54 state house land, over, forbidden, . . 55 state insane, etc , hospitals, not on land of, 54 state institutions, on land of, forbidden, except, . ..... 54 within three miles of state house, . . 54 width of location limited to five rods, . 55 additional for gravel, tracks, station pur- poses, etc., ..... under special charter, .... Filing the Location. where and when; contents, equity to restrain, etc., use, etc., unless, purchased land, riling of location, records of location, form, certification, etc , board to prescribe rules for, clerk to certify as to compliance with. Opening of Road. certificate of compliance to precede opera- tion, ...... maps, profile, etc., filing of, . 56 38 55, 56 56 56, 57 57 57 57 72 72 Taking Land. change of location after, . crossings of ways first fixed, abolition of, for, alterations, for, navigable, etc., waters, over, . equity to enjoin use, when, fencing on request, . plan or description for owner; remedy prerequisites for, purchased land, filing of location, married woman, land of, taken, Branches or Extensions additional capital for, construction and completion, limit of for, .... filing of certificate and fee, leases or contracts not to be avoided longitudinally in ways, opening for public use, prior conditions, subscription for shares in, LOCOMOTIVE BOILERS. testing; penalty, on private railroads, safety valves for, mufflers, etc, .... LOCOMOTIVES. sparks from, fires, etc., spark arresters, board to approve. See Rolling Stock. LOITERING. around stations, of Boston Terminal Company, LONGITUDINALLY. in ways, tracks, . . . 59 57, 58 15, 16 11 65 58 59 59 57, 58 56 61,62 71 71 71 71 40 72 53, 71 50 83, 83a, 84 83a 84 84 113, 114 114 110 110 40 INDEX TO RAILROAD LAWS. 211 46 46 66 LOSS OF LIFE. collisions at crossing, in, . . . .113 due care, prerequisite, .... 27, 28 employees, recovery by, when, ... 27 executor, etc., to sue for, .... 27 limitation of actions, etc., ... 27 negligence, causing; penalty, . 27-29, 80-82, 113 persons beneficially entitled, ... 27 recovery for, ...... 27-29 Sunday law no defence to, . . . 101 LOST CERTIFICATES. new certificates to replace, when, bond to indemnify corporation, LOWERING WAYS. provisions as to, . M. MACHINERY. defective, complaints by employees, . MAILS. transportation of, required, compensation, and revision of, commissioners for fixing, MAINTENANCE. and repair of abolished crossings, MAPS. to accompany charter petitions,. of route, ..... submission to local boards, filed with secretary of commonwealth, profile, on vertical scale of ten to one, MARRIED WOMAN. land of, taken for location, damages, disposition of, . MASSACHUSETTS STATE SANATO- RIUM. no locations on land of, . 92 92 93 92 16, 17 18 37, 39, 40 39 40 39 61, 62 61 55 MATERIALS. action for. 107, 108 construction, injury to. 110 contractor not to sue for, . 107 limitation of action for, 108 notice as to, filing, . 10S MAXIMUM. expense to towns, crossing abolition, . MAYOR. veto power not affected by definition, MEDICAL EXAMINER. notice to, in case of accidental death, inquest, ...... MEETINGS. of corporations, calling by directors, . to be held in commonwealth, under warrant of justice, when, calling by bondholders or trustees, . See Corpokate Matters. of special commissioners, grade crossing abo- litions, ...... 35 42 44 44 49 I I MERCHANDISE. discriminal ion as to, .... between shippers forbidden, . injunction lies against, . local expressmen, between, forbidden, penalty for, ..... railroad stations, forbidden between, equal terms for transportation, . enforcement of transportation, explosives, transportation of, . . 97 damages for injuries, marking of packages, passenger carrier not to carry, unless, refusal to carry, permitted, expressmen, local, equal facilities to, . contracts with, .... equitable jurisdiction to enforce, indemnity required, forwarding promptly according to direction illegal transportation of, . milk, non-forwarding, etc., penalties, and recovery of, perishable articles, sale of, when, petroleum in yard, penalty for, . rates, establishment by corporation, . legislature may revise, . express, ..... steamship, ..... receipts to shippers, to give, unclaimed freight, sale of, 93, 94 93 94 93, 94 94 93 93 94 98, 99 98 98 93 93 94 93 94 94 100 100 95 99 88 88 7 93 95 MERGER BILL (so called:. acquisition of stock of domestic railroads re- strained, 30, 31 voting on shares, etc., .... 31 railroad commissioners to determine public interest, . . . . .31 fares or rates, no increase of, . . . 31 switch connections, . . . . . 31, 32 failure to install, ..... 32 contracts, board to approve, ... 32 leases, board to approve, . . . , . 32, 33 penalty, ....... 33 jurisdiction in equity, to enforce, . . 33 previous acts not ratified, ... 33 METHOD OF CONSTRUCTION. grade crossing abolitions, .... 14, 15 METROPOLITAN PARK COMMISSION. may lay out parkways over railroads. . . 67 agreements as to, . . . . . 67 board may decree as to crossings, etc., . 67 expense, damages, etc., .... 67, 68 not at level with tracks, ... 67 MILE. amount of stock per, .... 38, 39 MILEAGE BOOK. coupons, detachment of, .... 886 forgery of, ...... 89 MILITARY DUTY. exemption from, employees, . . . 87, 88 MILK. facilities to shippers, equal, . . 99, 100 forwarding, ...... 100 penalty for not receiving, etc., . . . 100 receipts from connecting roads, . . . 100 tariff, establishing, revision by board, . . 100 212 INDEX TO RAILROAD LAWS. MISMANAGEMENT. of trains, ...... MISSILES. throwing, at trains, .... MORTGAGED LAND. damages in case of, .... division between parties, proceedings when taken, . MORTGAGEES. rights of, when lands are taken, apportionment of damages, MORTGAGES. See Corporate Matters; Mortgaged Land. MUFFLERS. for vacuum brakes, neglect, for safety valves, ..... 113 30 61 61 61, 62 84 84 MUNICIPAL AUTHORITIES. supervision of private railroads, See Local Authorities. 116, 117 N. NAME. change of, board may authorize, . . 108 may require publication of, . . . 108 certificate to be filed with secretary of com- monwealth, ..... 108 rights and liabilities under new name, . ION NAMES. of directors in association agreement, . 39 NAPHTHA. lighting by, etc., forbidden, ... S3 NARROW GAUGE ROADS. change of, capital, etc., .... 39, 42 equal one-half cost, etc., .... 42 paid-up stock, ..... 42 NAVIGABLE WATERS. crossing, authority, ..... 65 damages, recovery, .... 65 NEGLECT. of annual return, penalty, . . . 116 See Penalty. NEGLIGENCE. as to life 27, 28 at crossings, ..... 77, 113 injury, loss of life, causing, . 27-29, 80, 81, 113 of employees, causing injury, 27, 28, SO, 81, 113 recovery for, ...... 28, 82 notice, ....... 82 NEW SHARES. of stock, stockholders entitled to, price of, ... . sale of, .... NON-PAYMENT. of assessments, sale of stock for, of damages, effect of, . 52, 53 . 52, 53 53 . 46 47 59 NORTHERN AVENUE, BOSTON. powers of board in relation to, . . . 8 NOTES. See Corporate Matters. NOTICE. of accidents; omission, .... 27 of examination of railroads and railways, when, ...... 9 of meetings, ...... 42, 44 petitions, abolition crossings, to common- wealth, board, etc.,. ... 13 to corporations as to laws, violations, etc., . 8 to stockholders of new shares, ... 53 o. OBLIGATION. to repair bridges, OBSTRUCTION. of cars, ..... of crossings by freight cars, etc., of drawbridge, penalty, liability of corporation, assignee or receiver of trains,. ..... of ways, ...... OBSTRUCTIONS. removal of, at crossings. See Crossings. OFFICE. of board, records, expenses, OFFICERS. See Corporate Matters. OILS. storage on railroad property, OMISSION. of bridge guards, penalty, . . of fire safeguards, penalty, . . to give notice of accidents, penalty, . OPENING OF ROAD. certificate for operation to precede, of branches, ..... map and profile to be filed, OPERATING CONTRACTS. board to approve, .... OPERATION. certificate, preliminary to, filing of map, profile, etc., mode of, suggestions as to, of a road by another corporation, liability of operating corporation, See Equipment and Operation. Ill, 112 78 73 78 112 68, 78 . 68, 78 99 75 83 27 72 72 72 32 72 72 36 36 ORGANIZATION. of board, laws as to, .... 4 of railroad and railway companies, . . 38, 42 to follow issue of incorporation certificate, 42, 43 See also Corporate Matters (Agreement of Association, Organization). OTHER CORPORATIONS. bonds and stock of, holding regulated, See Consolidations; Connecting Roads; Lease. 50 INDEX TO RAILROAD LAWS. 213 41 53 48 51 54 -56 54 -56 OTHER STATES. stock issues for, no approval, ... 52 OUTSIDE LIMITS. locations, proceedings, .... 56, 57 OUTSIDE STATE. See Other States. OVERHEAD BRIDGES. height of, ...... 65, 66 OVERHEAD CROSSINGS. automatic signals at, enforcement, . . 77 See Crossings. P. PAID IN. stock to be. before certificate, before construction or location, as to, PAR. bonds issued below, binding, new shares not to be sold for less than, PARKS. location on, forbidden, except, . consent to, when, . . . . . not to be entered upon by railroad employ- ees, etc., . . . . . PARKWAYS. lay-out over railroads, conditions, etc., PASSENGERS. abandonment of stations forbidden accommodations, withholding, . arrest of, without warrant, when, baggage checks to be furnished, neglect to furnish,, baggage, unclaimed, sale, etc., . bicycles carried as, injury to, penalty, storage of, no charge when, color or race discrimination, prohibited, dead bodies, transportation regulated, disorderly, etc., arrest without warrant, fares, establishment, etc., of, arrest for refusing to pay, changes in, suggestions as to, commutation tickets, issue of, ejection for non-payment, evading payment, penalty, excessive cash fare, charging, extra cash fare on trains, coupons to be given for repayment, penalty for charging excessive, legislature may revise, . limited tickets, terms, etc., reduction on certain trains, tickets to foreign countries, sale of, etr free passes to state, etc., officers forbidden gaming, season tickets for, .... smoking cars, women not required to ride in Sunday law as to trains and boats, trains, cheap morning, etc., to furnish workingmen's trains, trip tickets upon, . 115 . 67, 68 73, 74 84 23 90 90 90, 91 90 90 90, 906 92 96 23, 29 88 23 8 88, 886 29 2'.) 88 88 88 88 88 89 89, 91 88, 89 91, 92 112 S9 92 100, 101 91 91 91 PASSES. free, to state officers forbidden, penalty. 91, 92 92 PAYMENT. of expense, abolition grade crossings, de- cree, . . . . . . 14, 15 PAYMENT OF DAMAGES. See Dam- ages; Abolition Grade Crossings. PENALTY. accidents, omission to give notice of, . . 26 accommodations, withholding reasonable, decreasing through consolidation, actions to recover, animals, illegal transportation of, annual returns, neglect of, acquisition of stock of domestic roads, for, baggage, injured or destroyed, . lost, failure to advertise, barriers against animals, non-erection baggage checks, not furnishing, blocking frogs, etc., not, boilers, locomotive, not testing, bond, failure to furnish by banks, etc books and papers, refusal to submit, brakes, insufficient, . breaking and entering cars, bridge guards, neglecting, . . .74 burial grounds, lay-out over, cars, gaming on, not heating, by, etc., stealing from, riding upon, color or race discrimination, color-blindness, neglect to examine fo corporate records, failure to exhibit, crossings, failure to stop at, See Crossings. dead bodies, illegal carriage of, . discrimination between expressmen, against color or race, disorderly conduct on cars, driving animals on track, . drawbridges, obstructing, etc., . engines or cars, obstruction of, . employees, assaults on, etc., See Employees. expectoration in cars, stations, etc., fares, increasing through consolidation fences, not building, free passes, to state officers, etc., fire safeguards, omission of, forgery of tickets, frogs, not blocking, . gaming, on cars, gates, platform, failure to provide, gates, flagmen, signals, as to, See Gates. guard rails, not blocking, . heating passenger cars, neglect, life, endangerment of, . . . Ill, loss of, negligent, lighting by naphtha, merchandise, illegal transportation of discrimination as to, milk, not receiving, connecting roads, mufflers, neglect to use, naphtha, lighting with, obstruction of cars, . . . . Ill, 111, 111, 1 etc 27 84 33 94 95 116 , 31 90 90 63 90 74 84 89 10 79 112 , 75 55 112 83 112 110 92 85 45 7-5 96 94 92 112 110 73 112 30 11a 31 63 91 83 89 74 112 83 77 74 83 112 '. 28 83 94 94 100 84 83 112 211 INDEX TO RAILROAD LAWS. PENALTY — Concluded. officers, changes in, certificate to be filed with secretary of commonwealth neglect, .... clerk to be resident of commonwealth, oils, storage of, without permit, papers, refusal to submit, . passengers, withhold accommodations from .See Passengers. returns, failure to make, . road-bed, injury to construction materials, rolling stock, insufficient brakes, etc., See Rolling Stock. safety appliances, freight trains, neglect of switches, failure to use, shares, illegal issue of, by directors, signals, injury, etc., of, signboards, failure to erect, stations, loitering around, stealing from cars, stock, illegal issue of, illegal increase of, stops at grade crossings, omitting, switches, not blocking, safety, failure to use, tools, failure to provide, tampering with, track, walking on, etc., trains, wilful stopping of, etc., . uniforms, neglect of , . voting stock of domestic roads, when weekly payments, non-payment of. See Crimes. PERCENTAGE. of cost, crossing alterations, PERISHABLE ARTICLES. sale of, when, ...... PETITION. as to charters, notice, for incorporation, to general court, for damages, time for filing, for grade crossing abolition, See Abolition op Grade Crossings; Lo- cation; Railroad Commissioners. PETROLEUM. in yard, penalty for leaving, PLACE. of meetings in commonwealth, . PLANS. deposit of, in state library, of locations, for owners, payment for, in damage suits, . See Location; Maps. PLATFORM GATES. failure to provide, .... enforcement of requirement for, . POLICE, district. See District Police. railroad. See Railroad Police. POP VALVE. appliance for deadening noise of, 43 43 99 10 81 110 110 79 S3 74 ', 52 29 110 112 52 47 75 74 74 83 112 110 112 84 31 86 14 3S 38, 39 58 12, 13 M POWERS. of directors, ...... 39, 43 of special commissioners, alteration cross- ings 11, 12 of special commissioners, grade crossing abolition, . . . . . 14, 15 of board 7. 8, 9, 10 See Railroad Commissioners, and under the various headings. POWERS OF COMMONWEALTH. reservation of, PRACTICE. on quashing damage proceedings. See Proceedings. PREFERRED STOCK. issue of, . 36 62 526 PREMIUMS. cash value, may be computed in bond issues, 47a PREREQUISITES. See Conditions Precedent. PRESCRIPTION. right of way by, crossings, none, . . 71 PRESIDENT. must be a director, ..... 43 choice by board, ..... 43 PRIOR CONDITIONS. See Conditions Precedent. PRIVATE CROSSINGS. board may order, ..... 70 gates at, liability for not closing, . . 110 See Private Railroads. PRIVATE LAND. severed, crossing to, etc., appeal, . . 70 county commissioners, etc., ... 70 hearing in county where taken unless, . 71 PRIVATE RAILROADS. construction for freight, . . . .116 connection with public, . . . .116 highways, etc., crossing of, ... 116 land owner's consent needed, . . . 116 locomotive boilers, testing, . . . 83a municipal authorities to supervise, . . 116 regulation of crossings, . . . .117 steam power, laws applicable if used, . 116 PRIVATE WAYS. crossing, damages, etc., . . . . 69, 70 gates at, not closing, penalty,. . .110 damages, discontinuance, abolition cross- ings, ...... 16 payment, primary liability for, . 16 limit for application damages, . . . 69, 70 PROBATE COURT. jurisdiction in equity, concurrent, as to dam- ages for land of married woman taken, 62 may appoint trustee in certain land damage cases, ...... 61 INDEX TO RAILROAD LAWS. 215 PROCEEDINGS. against railroads by attorney general, at annual meetings, . discontinuance of, damages, quashing, practice on, in default, mortgages, in grade crossing abolitions. See Abolition of Grade Crossings. in taking land, ...... PROXY VOTING. limitations, etc., ..... by bondholders, ..... PUBLIC CONVENIENCE. certificate of (exigency), .... PUBLIC OFFICERS. appointment, duties, terms, etc., not to recommend employees, etc., PUBLIC OPENING. certificate of board prerequisite to operation, map, profile, etc., filing with secretary, 44 62, 63 62 48, 49 58 4 1 49 39, 40 4 85, S6 PUBLIC PARKS. consent to location on, PUBLIC WAREHOUSEMEN. liability as, ..... PUBLIC WAY. definition of, PUBLICATION. of agreement of association, posting, . clerk's certificate of, of notice of hearing on route, posting, board may designate newspaper, when, of statements of condition, PURCHASE. of railroads by commonwealth, . PURCHASED LAND. filing of location, etc., rules, . 55, 56 94, 95 Q. QUALIFICATIONS. of directors, . of members of special commissions, QUARTERLY RETURNS. failure to make, penalty, . public inspection of, . QUASHING. proceedings for damage, practice, QUORUM. at meetings of corporations, majority, may be fixed by by-laws, R. RAILROAD AND RAILWAY, definition of terms. . 35 39 39 40 40 9 36 39 12, 13 116 116 62 44 44 35 RAILROAD COMMISSIONERS. In General. appointment, number, terms, tenure, etc oath and qualifications, board, defined, .... clerk, appointment, duties and salary of, oath and qualifications, assistant, duties and salary of, accountant, appointment, duties and com pensation, .... annual report to the general court, date of submission of, . expenditures, statement in, number of copies, printing and distribution, reasons for non-approvals of locations in suggestions of changes, etc., to contain, public documents, laws as to printing, state board of publication, powers and duties, ..... contracts, services, gifts, etc., forbidden, expenses, etc., borne by railroads, assessment of, ... . apportionment and assessment, of, . limit, etc., ..... balance remaining carried forward to next year, ..... experts, appointment by, . free transportation allowed, inquests, report upon death by accident, inspectors, appointment and salary of, to inspect crossings, to investigate accidents, office, records, incidental expenses, etc., organization, laws as to, . relief corporations, to report to, examination of, . salaries of, .... vacancies, how filled, Duties in General. accidents, investigation of, advice, etc., not to relieve corporate liability appeals to, from Boston aldermen, attorney general to act on report of, when, authority to supervise, examine, etc., complaints, investigation of, . enforcement of laws, by, notice to corporation as to laws violated, scope of statutory provisions as to, block signals, may require, books and accounts, regular examination of continuance of uniform system, directors, etc., may request examination of inspection at any time by, lists of stockholders, access to, non submission, etc., penalty for. publication of statements, quarterly returns to, bond issues, approval of, . expert investigation of property Boston, appellate powers :is to, certificate of incorporation, :i^ to, certificate of public convenience (ex igency), ..... operation, preliminary to, change of name, may authorize, changes and improvements, to suggest, mode of operation, as to, rolling stock and stations, as to, 4, 5 4 3 3.5 4 ,4,5 3, 5 6 6 5 7 6 54 6 6. 7 6, 7 4 5 5 5 5 5 4 5 27 , 4, 5 24 24 5 4 22 22 5 4 9 35 8 7 I, 9 7 7 9 9 9 9 9, 10 10 9 116 51, 52 4 35 41, 42 39. 40 72 108 8 8 8 21(5 INDEX TO RAILROAD LAWS. RAILROAD COMMISSIONERS —Continued. complaints, authorities may make to, 8, i) employees may make; secrecy of, . grade crossings, as to obstruction of, legal voters may make, . connecting roads, consent to joint use of, 101 contracts, etc., copies with, . . 33, 103 approval of, by board, . . 33, 103 regulation of traffic lietween, . . 101-103 consolidation and leases, approval, 30 to determine public interests, . . 30, 32 crossings, alteration of, . . . 10, 11, 12 in Boston, . . . . . II, 11a examination of roads, . . . 8, 9 equitable relief, may invoke, as to stud. issues, ..... express companies, supervision of, authority extended, .... 106 expressmen, approval of, . . . . 93 foreign countries, incorporation for, duties, 117, 118 gauge, duties as to change of, . . . 42 grade, consent to, . . . . .15 grade crossings, consent to, 10, 67 abolition of, by agreement, approval, 20 without hearing when, . . . 206 board may be made special commis- sion, ...... 13 by agreement, approval of, . . 18 approval of final plans, .... 20 alteration of, appeal, .... 12 supervision by board, . . . . 10, 1 1 information to be furnished to, . . . 9 inquests, approval of bill for report of evi- dence, ..... leases, approval of, . legislation, recommendations for, milk tariff, revision of, . narrow gauge, as to change of, . relief societies, supervision of, repairs, notice of, necessary, returns to, abstracts and tables of, 6 amendment of defective, . . 10, 116 annual, by directors under oath, . 115, 116 originals, to be preserved by, . . 10 blanks for, to furnish, .... 10 forms, to prescribe, . . .10, 115, 116 interstate commerce commission, may con- form to, ..... 10 month's notice of change, ... 10 lessee and lessor, by, . . . .116 penalties for failure to make, . . . 116 quarterly return to, . . . .116 public inspection of, . . . .116 year's notice of change, ... 10 by express companies, . . . 106 route, action on, appeal, .... 40 publication of, board may designate news- paper, when, ..... 40 rules as to explosives, publication, etc., . 97, 98 for filing land takings, .... 57 steamship rates and accommodations, regu- lation, ...... 7 stock issues, approval of, . . . . 51, 52 fixing price of shares, .... 52, 53 expert investigation of cost of prop- erty, ...... 4 switch connections, appeal to, on failure to install 31, 32 transportation of milk, to supervise rates for 99, 100 wages, exempting from weekly payments, . 86 27 30 100 42 RAILROAD COMMISSIONERS — Continued. witnesses, compulsory attendance of, . . 10 summoning, oaths, fees, etc., ... 10 workingmen's trains, trip tickets, with- drawal by consent, ... 91 Equipment and Operation. accidents, notice to, .... 26 inspectors, investigation by, ... 24 bells at crossings, regulation of, . . 76 bridge guards, approval of, 74 bridges, expert examination of, . . . 4, 25 consent of board as to height, . . 66 crossings, flags, gates, etc., as to, . . 77 alteration of, .... 10,11,12 in Boston, . . . . 11, 11a automatic signals at overhead, may re- quire, ...... 77 electric signals, may order, ... 77 obstruction, applications to, to forbid, . 78 shifting trains, etc., regulation of, . . 78 signboards at, approval of, . . . 77 may order, ..... 77 drawbridge gates, to prescribe distances, . 73 fire safeguards, approval of, . . . 83 frogs, etc., to approve blocking, . . 74 gates or flags at grade crossings, as to, . 77 grade crossings, to make regulations as to 75 heating of passenger cars, as to, . .83 inspection, recommendations upon, . . 24 inspectors, direction of examination by, . 24 report to, . . . . . .24 interlocking signals, adoption on approval of 75, 76 award of expense, .... 76 joint use of road, station, compensation for, to fix, 74 revision of, by court, .... 74 leases, approval of, . . . . 30, 103 private crossings, may order, ... 70 repairs, notice of, .... 8 rolling stock, approval of fire safeguards, . 83 additional appliances, may require, . 88 additions to, suggestions of, . . . 8 grab irons, as to, ..... 79 heating of cars, ..... 83 locomotive boilers, testing of, . . 83, 84 mufflers for brakes, approval of, . . 84 platform gates, approval of, . . . 83 safety appliances, extension of time for, . 80 safety couplers, requirement of, . . 79 spark arresters, board to approve, . . 114 tools and appliances, approval of, . . 83 signboards at crossings, may order, . . 77 stations, to approve relocation, ... 74 may recommend relocation, ... 86 changes in, to suggest, .... 8 joint occupancy, to fix compensation for, 74 revision by court, .... 74 steamboats, running of, on Sunday, . . 101 Sunday trains, may allow, . . . 101 switches, to approve blocking, ... 74 whistling, regulation of, . . . .76 Location and Construction. alignment, change to improve, ... 56 approval of stock subscriptions, . . 53 reasons for disapproval in annual re- port, ...... 54 INDEX TO RAILROAD LAWS. 217 Concluded. 53, RAILROAD COMMISSIONERS authorization on what conditions, certificate, filing and fee, estimate of engineer, sworn, . filing of location, certification, 53, 54 purchased land, of, . records of location, form, etc., branches and extensions, certificate for, bridges over track, as to making, . . 65 crossings, special commission for alteration, Boston, jurisdiction in, . in whole or in part, one railroad commissioner to be a member access to land cut off, to require, appeal, hearing, powers, etc., . . 70 severance of land, appeal to, . . . 70 damages in Boston, as to, fences, exemption from building, fences, revocation of exemption, proceed ings as to, . fixing route, action on petition, etc., . alignment, to improve, . ... certificate, exigency, . . . .39 map, engineers' report, etc., to be with, . 39 state house, not within three miles, . variation, written consent to, freight cars, etc., obstruction by, to forbid grade crossings, consent to, abolition of, certificate of expenditures, without hearing, when, agreement, by, approval of, notice of filing petition for, petitions, decision as to precedence, supervision in case of agreements, certificate of alteration, conditions, restrictions, etc., may impose, 10 private railroads, as to, . . 116, lay-out of ways over, private crossing, appeal as to, hearing in county where taken, unless railroad grade crossings, consent to, regulations for, .... separation of, duties as to, . street railways, consent to, trains, shifting, etc., at, public opening, certificate for operation to precede, map, profile, etc., as to, Street Railways. See " Railroad Commissioners" in Street Railway Index. RAILROAD CORPORATION. definition, ...... 35 RAILROAD INSPECTORS. appointment of, . . . . . 3, 4 duties, ....... 24 inspection of crossings, .... 24 reports, ....... 24 RAILROAD POLICE. appointment, duties, .... 22, 23 liability for injuries by, .... 24 witness fees not allowed, .... 24 RAILROADS, SEVERAL. apportionment of expense between, abolition crossings, . . . . . 14 5 1 54 53 , 56 56 57 71 , 66 11 11 11a 12 70 , 71 , 71 35 63 63 40 56 , 40 . 40 54 56 78 66 IS 206 IS 13 20 IS 11 11 117 66 70 71 65 75 64 10 76 RAILS. safeguards for, ..... 66 to be protected at highway crossings, . 66 guard rails, blocking. .... 74 RAISING HIGHWAYS. or lowering, county commissioners to direct, 66 RAISING WAYS. provisions as to, ..... 66 RATES. conveyance at reduced, copies of lists of, for board, directors to establish, .... 88 legislature may revise, . . . . SS steamship, REASONABLE ACCOMMODATIONS. for passengers, ..... 84 penalty for withholding, ... 84 RECEIPTS. to shippers of merchandise, ... 93 RECEIVER. liability for obstruction, crossings, . . 78 in dissolution proceedings, may be appointed when 109 may prosecute suits, appoint agents, etc., . 109 to pay debts and distribute surplus, . . 109 RECORD. of board's rulings of law, .... 170 of land takings, ..... 56, 57 of abolition crossing, .... 15 See Location. RECORDING. of agreement of association, ... 42 with certificate of incorporation, . . 42 of bond issues, ..... 4S See also Corporate Matters. RECORDS, OF CORPORATIONS. See Corporate Matters. RECORDS OF LOCATIONS. board to prescribe rules for filing, . . 57 clerk to certify compliance with, . . 57 See Location. RECOVERY. for loss of life, 27, 28 by employees, when, .... 81, 82 RECOVERY OF COSTS. proportionate, alteration, crossings, . . 12 REDUCED RATES. conveyance at, . . . . .89 REDUCTION. of capital stock 39,42 cert ificate of, . .... 42 of fares on certain trains, .... 89-91 REFUSAL OF CARS. without safety appliances, from other roads, 79 REGISTERED BONDS. regulations as to, . . . . .48 mortgages, etc., not to affect, . . 48 218 INDEX TO RAILROAD LAWS. REGISTERED LAND. sale fur tost of fencing, .... 64 REGULATION. of traffic- between connecting roads, . . 102 REGULATIONS. grade crossings, as to, . . . . 10, 11 REIMBURSEMENT. for costs, damage suits, crossing abolitions, . 13 street railways, crossing alterations, . . 14, 15 RELIEF SOCIETIES. for employees, incorporation of, . . 21, 22 investigation of associates, ... 21 by-laws, officers, approval, annual report to board, voting regulated by board, ... 22 examination by board, .... 22 funds not attachable, etc., ... 22 penalty for refusing access to books, . . 22 railroad as associate or member, . . 22 RELOCATION. of street railway tracks, crossing alterations, 15 of stations, permitted, when, ... 74 board may recommend, ... 86 REPAIRING BRIDGES. See Bridges; Repairs. REPAIRS. county commissioners may order, . . 68 on bridges, damages, etc., . . . 68, 69 at crossings, ...... 68 county commissioners to order, . . 68 at separated crossings, . . . 16, 17, 18 notice of necessary, ..... S See Crossings. REPEAL. of certain chapters of the revised laws, etc 33, 34, 119, 120 not to affect pending suits, etc., . 34, 120 REPORT. of auditor, grade crossing abolitions, . . 17 of grade crossing abolition commissioners, filing 126, 15 to board, by inspectors, .... 24 of board, annual, ..... 6 RESTRICTIONS. at grade crossings, . . . . . 10, 11 RETURN. quarterly, failure to make, penalty, . . 116 RETURNS. abstracts and tables of, ... . 6 amendment of defective, . . . 10, 116 annual, by directors under oath, . 115, 116 form to be prescribed, . . . 10, 116 neglect of, ..... 116 originals to be preserved, ... 10 treasurer to swear to, . . . . 115 chief accounting officer to swear to, . 115 as to contracts, connecting roads, 32, 33, 103, 115 blanks for, board to furnish, ... 10 express companies, by, .... 106 RETURNS — Concluded. time of filing changed, forms, board to prescribe, lessee, and lessor, by, original preserved in office of board, penalty for failure to make, quarterly, to board, . public inspection of, See Corporate Matters. REVIVOR. of unsettled damage claims, RIGHT OF WAY. over crossings, by prescription, not to have, RIGHTS OF COMMONWEALTH. unimpaired, when, ..... RISK. non-assumption by employees, . 1146 10, 115, 116 116 10 116 116 116 62 71 36 80, 806 ROAD-BED. injury to construction materials, 110, 111 ROLLING STOCK. additional appliances, board may require, . 88 additions to, suggestions, .... 8 attachment of, . ..... 26 forbidden, unless, ..... 26 brakes and brakemen, .... 79 power and train brakes, .... 79 changes in, board may suggest, ... 8 conditional sale of, . . . . . 25, 26 acknowledgment, record, etc., . . 26 general law not applicable, ... 26 name of owner, to bear, .... 26 payment, record, fee, .... 26 title to vest in purchaser, when, . . 25 couplers, ...... 79 fire, safeguards from, .... 83 grab irons, as to, . . . . .79 heating, passenger cars, .... S3 inspection of, ..... 24 lighting, by naphtha forbidden, . . 83 locomotive boilers, testing, . . . 83, 84 machinery, considered, when, ... 81 mufflers, for vacuum brakes, ... 84 safety valves for, ..... 84 platform gates, approval of, . . . 83 safety appliances, extension time, . . SO spark arresters, board to approve, . . 114 tools to be carried, ..... 83 See Cars; Crimes; Equipment and Oper- ation. ROUTE. fixing 39, 40 by board, on appeal, certificate, . . 40 action of board on, ..... 40 limits of land taken outside of, etc., . . 56 RULES. of board, as to transporting explosives, . 99 as to bridge construction, ... 25 as to bridge guards, .... 75 as to reporting accidents, ... 27 for filing land takings, .... 57 RULINGS OF LAW. record of, 170 INDEX TO KAILKOA1) LAWS. 219 S. SAFEGUARDS. against fire, board may order, omission of, penalty, .... S3 for rails, crossings, etc.. GO SAFETY APPLIANCES. for freight trains, etc., equipment, 79 extension of time for, 80 neglect of, .... . 80 penalty, ...... 80 limitations, ..... 80 84 SAFETY COUPLERS. requirement of, .... SAFETY SWITCHES. failure to use; penalty, blocking, failure to use, SAFETY VALVES. mufflers for, etc., .... SCOPE. of statutory provisions as to board's author- ity 8 SCRIP DIVIDENDS. forbidden, ...... 51 SEASON TICKETS. for passengers, ..... S9 for express messengers, . . . .91 SECRETARY OF COMMONWEALTH. agreement of association to be filed with, 41 for foreign railroads, . . 117, 118 certificate of consolidation or lease to be filed with, 30 of incorporation, issued by, . . . 41, 42 for foreign railroads, . . . .118 as to locations, to be filed with, . . 54 as to branches, to be filed with, . . 71 as to stock issue, to be filed with. . 51 as to stock increase, to be filed with, . 42 as to bonds, to be filed with, . . 51 as to change of gauge, to be filed with, . 42 of change of name to be filed with, 10S conditional sale of rolling stock, record with, 26 map, profile, etc., to be filed with, . 72 notification of appointment, to public of- ficers, ...... 4 of organization of boards, ... 4 relief societies, action on, .... 21 return of decree of dissolution to, .110 returns to, by local assessors, . . 105 special charter, petition to be deposited with, etc :;7 surrender of certificate of incorporation, pe- tition to 101), 1 II) SECURITY. for damages, raising or lowering ways, . 66 land takings, costs, ..... 5S SELECTMEN. definition, ...... 35 complaints to, appeal to board, . . 8, 9 may petition for oxaminat ion of railroad, etc., 8 SELECTMEN — Concluded. may petition as to alteration of crossings, . 11 may petition for special grade crossing aboli- tion commission, .... 12 SEPARATION. of two railroads, ..... 64, 65 SEVERAL RAILROADS. may unite in petition, abolition crossings. . 13, 14 SHARES. penalty for illegal issue of, ... 52 transfer of, ...... 45 voting upon, ...... 44 See Cokporatk Matters (Capital Stock). SHIFTING TRAINS. at crossings, regulation of, 7S SHIPPERS. discrimination between, forbidden, . . 94 to have receipts, ..... 93 of milk, equal facilities, .... 99 SIGNALS. at crossings, electric, at drawbridges, .... at overhead crossings, enforcement, . . 77 injury, etc., of, ..... 29 interlocking, authorization, etc., board may prescribe rules, block or other devices, to be maintained when, ...... 7 equity jurisdiction to enforce, ... 7 SIGNBOARDS. at crossings, . . . . . .77 approval of, by board, .... 77 board may order, ..... 77 proceedings to enforce; penalty, . . 77 SIGNS. on stations, omitting, etc., ... 74 SINKING FUND. of commonwealth, abolition crossings, . 19 SMOKING CARS. women, etc., not required to ride in, . . 92 SPARK ARRESTERS. for locomotives, board to approve, . . 114 SPARKS. from locomotives, fires, etc., locations, adjoining land, etc., to be cleared, .... fire signal, notice, etc., . employees to extinguish fires, facilities SPECIAL CHARTERS. how affected by general law, local ions under, .... petition to general court for, SPECIAL COMMISSIONERS. for abolition of grade crossings, etc., . board may be appointed as, in crossing alteration proceedings, See Crossings, Alteration of. 114, 115 115 US 36 38 37 12, 13 L3 12 220 INDEX TO RAILUOAD LAWS. SPECIAL MEETINGS. calling and date, ..... 44 stockholders may request, ... 44 SPURS. branches and terminals, route, ... 40 STAMP. of ticket agent, forgery of, ... 89 STANDARD GAUGE. change from narrow, proceedings, . . 42 STANDING WOOD. obstruction by, at crossings, removal of, . 78 damages, appeal, ..... 78 STATE. See Commonwealth. STATE HOUSE. locations within three miles of, . . . 54 on land of, forbidden, .... 55 STATE HOUSE PARK. no railroad or railway to be operated over, . 55 grant of location not to include any portion of 55 STATE INSTITUTIONS. location on land of, forbidden, except, . 54 STATE LIBRARY. plans and profiles submitted to General Court deposited in, . . . . . 38 STATE OFFICERS. free passes to, forbidden, . STATEMENTS. of condition, publication, . STATES, OTHER. privileges of roads chartered in, stock issues for use in, no approval, See Foreign Railroads. STATIONS. abandonment of, forbidden, when, attorney general, duty, as to, board to suggest changes, etc., . may recommend relocation of, discrimination in use, forbidden, joint occupancy, compensation, revision of award by court, land taking for, loitering around, name on signs at or near, . omitting, relocation permitted, when, board may recommend, STATUTES. application of, to railroads, STATUTORY PROVISIONS. as to board's authority, scope of, STEALING FROM CARS. penalty, ..... STEAMBOATS. Sunday, ..... 91, 92 103 73, 93 74 74 55 110 74 74 74 86 35 112 STEAM POWER. used on private railroads, laws applicable, . 116 STEAMSHIP COMPANIES. rates, etc., guaranty of bonds, etc., supervision by board, tickets, deposits by banks, etc.. 7 50 7 . 88, 89 purchasers of, in foreign countries, etc., 118, 119 STOCK. See Corporate Matters (Capital Stock). STOCK CERTIFICATES. issue, signatures, etc., . . . STOCK DIVIDENDS. forbidden, when, .... STOCK ISSUES. board may invoke equitable relief as to, STOCKHOLDERS. entitled to new shares, notice of, lists of, access of board to, for tax commissioner, vote on officers, See Corporate Matters; Taxation. Stockholding: STOCKHOLDING, ETC. authority necessary for, branches, subscriptions for shares in, . connecting roads, subscriptions for shares in guaranty of bonds; voting; limit of hold ings, ..... grain elevators, in; representation, steamship companies, guaranty of bonds etc., ..... telegraph companies, in; limit of holdings, subscriptions for shares, time for, STOPPING TRAINS. wilfully or maliciously, STOPS. at drawbridges, .... at grade crossings, omitting, 15 51 52 52 53 9, 10 104 44 50 50 50 50 50 50 50 53 112 73 75 STREET RAILWAY COMPANIES. alteration of crossings, contributions to, . 11, 12 temporary locations for, . . . 122b See also Index to Street Railway Laws. STREET RAILWAYS. grade crossings with, authorization, . . 10 See Street Railway Companies; Aboli- tion Grade Crossings; Grade Crossings; Railroad Commission- ers. See also Index to Street Railway Laws. STREETS. tracks longitudinally in, See Highways; Ways. 40 SUBSCRIPTIONS. See Corporate Mat- ters; Stockholding. SUIT. assessment of damages pending, . . 61 INDEX TO RAILROAD LAWS. 221 SUNDAY LAW. as to trains, ...... 101 no defence to actions, loss of life, . . 101 as to labor by employees, .... 85 SUNDAY STEAMBOATS. board may allow, ..... 101 SUNDAY TRAINS. board may authorize, .... 101 SUPERIOR COURT. Jurisdiction in Equity. as to law limiting stock or bond issues, to enforce, ..... 52 to enforce lawful orders and decisions of board as to, ..... 52 to appoint receiver to wind up corporation, 109 to appoint grade crossing abolition commis- sioners, ..... 13 may consist of members of railroad com- mission, . . . . .13 to enforce compliance with provisions of crossing abolition law, ... 17 may issue interlocutory decrees and orders, etc., in any county, ... 17 to order copies, books or records, exhibited to stockholders, .... 46 In General. application to, for jury as to routes in Boston, 35 for jury in Boston damage suits, . 36 costs, taxing of, in hearings as to abolition of grade crossings, .... 13 expense for plans may be allowed, . 13 clerk of, to file abolition crossing decree within thirty days, . . . 15 to record in registry of deeds, ... 15 to file with auditor of commonwealth, 15 damages, in abolition crossing proceedings, may be determined by, . . . 16 discontinuance of suits, by leave of court, etc 62, 63 dissolution, decree for, upon application, etc., 108, 109 expressmen, local, equal facilities for, juris- diction to enforce, .... 94 express messengers, tickets for, jurisdiction by injunction, etc., to secure, . . 91 jury in, may assess damages for railroad property taken by commonwealth, . 37 may assess damages as to metropolitan parkways constructed over railroads, 68 justice of, to approve fees and expenses of grade crossing abolition commission- ers, 13 may compel attendance and testimony of witnesses before board, ... 10 receiver to wind up corporation, appoint- ment of, 109 to appoint grade crossing abolition commis- sioners, . . .13 decision returnable to, decree, . . 15 not to issue until approved by railroad commissioners, .... 20 to appoint special commission as to altera- tion of crossing, . . . . 12 decision returnable to, decree, . . 12 to appoint auditor, duties, report, etc., . 17 SUPERVISION. by board, of accounts, etc., ... 9 of crossing abolitions, by agreement, . 18 of express companies, . . . . 7, 8 of grade crossings, .... 10, 11 of railroad conditions, operation, property, 7, 8, 9 of rates for milk transportation, . . 100 of steamship companies, ... 7 See Railroad Commissioners. SUPREME JUDICIAL COURT. Jurisdiction in Equity. as to appointment, etc., of trustees under mortgages, ..... 49 to summarily remove trustee, etc., ami appoint new trustee, ... 49 as to gates, flagmen or electric signals, at crossings of ways, .... 77 as to height of bridges, .... 66 as to law limiting stock or bond issues, to en- force, ...... 52 as to occupancy of ways by shifting trains, etc. 78 as to operation of trains and cars, . . 7 as to overhead crossing of ways or underpass, 69 as to signboards at crossings of ways, . 77 as to signalling approaching trains at over- head crossings, .... 77 as to unlawful certificate of board approving location, ..... 54 against entry on land until taken, except, etc., ...... 55, 56 against taking land for railroad until boards have acted, ..... 57, 58 to appoint receiver to wind up corporation, 109 to compel erection of fences, cattle barriers, etc 63 to enforce compliance with orders of board as to block signals, ... 7 to enforce lawful orders and decisions of board as to stock issues, etc., . . 52 to enforce orders of board as to separation of railroad grade crossings, . . . 64, 65 to enforce performance of orders as to em- bankments, fences, etc., ... 63 to enforce provisions of "merger" law, . 33 to enforce requirements as to safety couplers on freight trains, .... 79 to order copies, books or records, exhibited to stockholders, .... 46 to prevent the abandonment of stations after five years, ..... 73, 74 to prevent crossing of railroads at grade, un- less, etc., ..... 65 information filed by attorney general of violations, ... 65 to preven; substantial diminishing of accom- modation furnished, . . . 73, 74 abandonme: t of station, . . . 73, 74 to restrain entry on land when damages are in dispute, ..... 59 In General. costs, taking of, in hearings as to abolition of grade crossings, .... I p miis may be allowed, . discontinuance of suits, by leave of court, etc., ...... dissolution, decree for, upon application, etc L08, 109 62, 63 222 INDEX TO RAILROAD LAWS. SUPREME JUDICIAL COURT — Concluded. drawing cars, compensation for, revision of, board's award, . . . 102,. expressmen, local, equal facilities for, juris- diction to enforce, .... express messengers, tickets for, jurisdiction by injunction, etc., to secure, . justice of, may confirm election of trustees, etc., ...... hearing, decree, filing, etc., may compel attendance and testimony of witnesses before board, . mails, transportation of, compensation, peti- tion by postmaster general, etc., commissioners to hear and determine award, etc., ..... reopening of hearing, revision, award, etc., may appoint commissioners to award com- pensation for railroad taken by com- monwealth, ..... receiver to wind up corporation, appoint- ment of, ..... stations, joint use of, jurisdiction to revise award, etc., ..... 103 !)l 91 49 49 10 37 109 74 SWITCH CONNECTIONS. to be maintained on application, etc.,. appeal to Board upon failure to install, SWITCHES. board may approve blocking, not blocking, penalty, safety, failure to use. T. TAKING LAND. for crossing alterations, . . . for grade crossing abolitions, See Locations. TAKING OF RAILROADS. by commonwealth, after year's notice, TAMPERING. with tools on trains. 31, 32 32 11 . 15, 16 112 TARIFF. between connecting roads, regulated, . 32, 33, 103 for milk transportation, ... 99, 100 revision by board, . . . .100 See Fares; Merchandise; Transporta- tion. TAX COMMISSIONER. to apportion expenses of board upon rail- roads and railways, ... 5 See Taxation. TAXATION. land outside limits of route taxable, . . 57 of foreign railroads, provisions, etc., . . 119 Corporate Franchise Tax annual returns to tax commissioner, complete list of shareholders, etc., capital stock, amount of, . par and market value of, held as collateral security if, . 103, 104 104 101 104 104 TAXATION — Concluded. detailed statement of works, real estate, ma ehinery, etc., .... whole length of lines, return of, length of lines without commonwealth tax to be paid, how determined, 104 104 104 104 Tax Commissioner. return of length of line to, ... 104 to ascertain true market value of shares, . 104 cash value to be taken as true value of fran- chise 104 deduction proportional to length outside commonwealth, .... 104 local valuation to be deemed true value, when, ...... 104 corporation to appeal from local valuation, when, ...... 104 may require corporation to prosecute appeal, when, ...... 104 may be heard on such appeal, costs, etc., . 104 notice to corporation of determination of value, ...... 105 application to assessors for abatement, when, ...... 105 appeal to county commissioners, when, 105, 106 valuation of commissioner conclusive, when, ...... 105 to ascertain proportion of tax due cities and towns, ...... 107 notification to treasurers of cities, etc., . 107 certificate to treasurer and receiver-gen- eral 107 returns to, by assessors of property, and taxes laid, ..... 105 by corporations holding foreign railroads, provisions, etc., . . . .119 Exemption and Apportionment. exemption from local taxation when corpo- rate franchise tax is paid, . . 106 distribution of tax on basis of local owner- ship of shares, .... 106 if held by co-partners, guardians, etc., how distributed 106, 107 provisions as to, . . . . 106, 107 city or town ownership of stock, return as to, 106 TELEGRAPH COMPANIES. stockholding in, TEMPORARY LOANS. for payment damages, by towns, for damages, grade crossing abolition, application of repayments, debt limit, outside, TENDER. to owner, land damages, . TERMINALS. spurs, branches and, locating, TERMS OF OFFICE. of directors, .... of members of board, TESTING. locomotive boilers, of, 50 20, 21 20, 21 20, 21 20, 21 58 40 43 3 83, 83a, 84 INDEX TO RAILROAD RAWS. 223 TICKET AGENT. forgery of .stamp, TICKETS. commutation, issue of, forgery of, ... . to foreign countries, sale of, etc., See Transportation. trip, on workingmen's trains, TIDE WATER. damages for crossing, 89 ss, ssb 89 . SS, N!) 91 65 TITLE. to rolling stock, to vest in purchaser, when, 26 TOOLS ON TRAINS. failure to carry, tampering with, penalty, TORPEDOES. marking of, 83 112 1126 TOWNS. may borrow for payment of damages, cross- ings, when, ..... 20, 21 may recover over for injuries, etc., . 112, 113 proportion of expense, abolition crossings, . 14 repayment as part of state tax, . . 17 route, agreement as to, .... 40 See Selectmen. TRACK. driving animals on, . . . . .110 permitting beasts upon, . . . .110 walking or standing on, . . . .110 TRACKS. longitudinally in ways, .... 40 damages from, ..... 40 relocation, street railway, crossing altera- tions, ...... 15 torpedoes used upon, marking, etc., . . 1126 TRAINS. at drawbridges, ..... 73 cheap morning, ..... 91 mismanagement of, . . . . .113 missiles, throwing at, .... 30 obstruction by; penalty, . ... 78 obstruction of; penalty, . . . .112 shifting at crossings, ..... 78 stoppage of, wilful, . . . . .112 Sunday, authorization, .... 101 tools on, failure to carry, .... 83 workingmen's, ..... 91 See Equipment and Operation; Rolling Stock. TRANSFER OF CREDITS. to loan, grade crossing abolition, . . 20 TRANSFER OF SHARES, attachment not to defeat title, etc., . . 4. r » delivery, record, etc., .... 45 TRANSPORTATION. In General. all persons and companies, equal facilities to, 93 dead bodies, of, ..... 96 express messengers, season tickets for, . 91 liquor into no license towns, . . . 96, 97 TRANSPORTATION — Continued. Animals, confinement restricted, .... 95 penalty for violations, .... 95, 96 unloading, for food, water, etc., . . 95 Malls. carriage of United States, required, . . 92 compensation, and revision of, . . 92, 93 Merchandise, discrimination between shippers forbidden, . 93, 94 injunction lies against, . . . .94 local expressmen, between, forbidden, . 93, 94 penalty for, ...... 94 railroad stations, forbidden between, . 93 equal terms and facilities to all, . . 93 explosives, transportation of, by, . 97, 98, 99 damages for injuries; recovery, . . 98 marking of packages, .... 98 passenger carrier not to carry, unless, . 98 refusal to carry, permitted, . . .98 expressmen, local, equal facilities to, . . 93 contracts with, ..... 93 equitable jurisdiction to enforce, . . 94 indemnity required, .... 93 forwarding promptly according to directions, 94 penalties, and recovery of, ... 94 perishable articles, sale of, when, . . 95 petroleum in yard, penalty for leaving, . 99 rates, establishment by corporation, . . 88 legislature may revise, .... 88 express, . . . . . . 7, 8 steamship, ...... 7 receipts to shippers, to give, ... 93 unclaimed freight, sale of, ... 95 Milk. connecting roads, receipt from, . . 99, 100 penalty for not receiving, etc., . . 100 equal facilities to shippers, . . 99, 100 tariff, establishing; revision by board, . 100 Passengers. abandonment of stations, forbidden, . . 73, 74 accommodations, reasonable, for, . . 84 baggage checks to be furnished, . . 90 baggage, unclaimed, advertisement, sale, . 90, 91 bicycles to be carried as, . . .90 injury to, penalty, .... 90 dead bodies, transportation regulated, . 96 disorderly, etc., ancst of, without warrant, 23,29 fares, establishment, etc., of, . . . 88 arrest for refusing to pay, ... 23 changes in, suggestions as to, . . 8 commutation tickets, issue of, . . 8S evasion of fare; penalty, ... 29 extra cash fares on trains, ... 88 coupons to be given for repayment, . 8S penalty for charging excessive, . . 88 legislature may revise, . . . . S8 limited tickets, terms, etc., ... 89 reduction on certain trains, ... 89 tickets to foreign countries, sale of, etc . SS, Si) free passes to state, etc., officers forbid- den 91, 92 smoking cars, women not required to ride in 92 101 Sunday law as to trains, 100, 224 INDEX TO RAILROAD LAWS. TRANSPORTATION — Condudi d. trains, cheap morning, etc., to furnish, workingmen's trains, trip tickets upon, .... Public Warehouseman. liability as, ..... TREASURER. choice by directors, .... temporary, appointment of, to record bond issues, to swear to annual returns, See Corporate Matters. 43 39 47 115 TRUSTEE. damages, release by, ..... 60 may vote as stockholder on stock held, . 44, 45 process, common carrier not liable, when, . 99 TRUSTEES. assessment of tax on shares held by, . 106, 107 election by bondholders, when, ... 49 annual meetings called by, ... 49 annual report of, . . . . .49 operating railroads, subject to general law, . 36 may contract with corporation to operate road 48, 49 removal of, equity jurisdiction, ... 49 See Corporate Matters. TWELVE RIDE TICKETS. provisions for, TWO RAILROADS. alteration of crossings, proceedings, u. UNCLAIMED DIVIDENDS. publication of list, UNCLAIMED FREIGHT. sale of, 886 . 64, 65 46 95 UNIFORM SYSTEM. of bookkeeping and returns, UNIFORMS. of employees, neglect as to, UNSETTLED CLAIMS. revivor of, USE OF LAND. right to, suspended, when, V. VACANCIES. in board, how filled, in boards of directors, may fill, when, VACUUM BRAKES. mufflers for, .... safety valves for, . VALVES. safety for vacuum brakes, 115, 116 M 62 .V.I 4 84 VARIATION. in route, consent to, to be noted on map, . . in location, filing, VESSELS. passage through drawbridges, VETO POWER. of mayor, not affected by act, . VIOLATION. of law. See Penalty. VOID. agreement of association, unless, VOTING. proxy, . upon shares, . of corporation, prohibition, w. WAGES. weekly payments, board may exempt from, when, penalty for non-payment, WAITING ROOMS. supervision of, by board, . local authorities may petition, WALKING ON TRACK. or standing upon, WAREHOUSEMEN. liability as, .... WARRANTS. of distress or execution for damages, . WATERS, NAVIGABLE. crossing, authority, .... damages, recovery, WAYS. alteration of, without authority, injunction bridges, over and under, alteration of crossings law, to apply, change of course of, . discontinuance of, abolition crossings, easements in lands adjoining, equitable jurisdiction as to, excavation of unauthorized, lay-out not to obstruct, obstruction of, over railroads, grade crossings, . consent for, .... parkways, metropolitan, as to, private railroads over, railroads over, raising and lowering, damages, security, tracks longitudinally in, See Abolition of Grade Crossings when A I, teration of Crossings; Crossings WEEKLY PAYMENTS. of wages, ..... board may exempt from, when, 56 40 56 71' 35 42 44 44 44 86 86 86 110 94 58 65 65 69 66 69 66 16 16 69 69 65 68, 78 66 67 67, 68 16, 117 66 66 40 86 86 LNDEX TO RAILROAD LAWS. 225 WHISTLING. at grade crossings, regulation by board, WIDTH OF LOCATIONS. five rods, . . . , additional land, etc., WITNESS FEES. not allowed railroad police, See Witnesses. 55 55 24 WITNESSES. compulsory attendance of , ... 10 summoning, oath, fees, etc., ... 10 summoning by inspectors, ... 24 WOMEN. not required to ride in smoking oars, . . 92 WORKINGMEN'S TRAINS. to and from Boston, .... 91 trip tickets upon, not withdrawn unless, etc., 91 INDEX TO STREET RAILWAY LAWS. A. ABOLITION OF GRADE CROSSINGS. See Crossings. ABSTRACTS. and tables from annual returns, . . 170 ABUTTERS. notice as to connecting locations, . . 133 See Location, etc. ACCEPTANCE OF LOCATION. by directors, time for, limit, 122c, 124, 133, 144 to run from date of notice of approval by board 124, 133 ACCESS. to list of stockholders, .... 9 ACCIDENTS. board to investigate, .... 9 inspectors to investigate, .... 24 notice of, ...... 26 inquests on, ...... 27 verbatim report to board, ... 27 bill to be approved, .... 27 loss of life through negligence, penalty, . 27, 28 of employee, liability, remedies, . . 28, 29 Sunday law, no defence to actions, 101 ACCOMMODATIONS. for passengers, board may require, . . 152 neglect of, . . . . . .152 See Operation. ACCOUNTS. See Books and Accounts. ADJACENT CITIES AND TOWNS. connecting cities and towns, etc., . . 133 extensions into, ..... 133 board to authorize, hearing, etc., . 133 See Location and Construction. ADMINISTRATOR. may vote on stock held by him, . . 130 ADVICE. of board not to relieve corporate liability, . 9 AGREEMENT OF ASSOCIATION. contents of, etc., .... 122, 168 See Corporate Matters. ALDERMEN. board of, definition, ..... 121 examination of railway, etc., may petition for 8, 9 ALDERMEN — Concluded. locations, to grant, etc., . alteration of locations, . . 143, may revoke, when, .... See Location and Construction. powers as county commissioners, when, to approve land taking for abolition, . tracks, may order temporary discontinuance of may order removal of, upon voluntary dis- continuance, ..... See Taxation. 123 144 144 138 158 ALTERATION OF CROSSINGS. Crossings See ALTERATION OF LOCATION. See Lo- cation and Construction. ALTERATIONS. of speed rules, . . . . . AMENDMENT. of defective or erroneous returns, of rulings, by courts, . . . . 146 170 171 ANNUAL REPORT. of board, ....... 6 ANNUAL RETURNS. to board, by directors, . . . 10, 169 neglect to make, penalty, . . .170 to lessor, by lessee, etc., . . .170 to assessors, length of track, receipts, etc., . 162 to tax commissioner, length of line, divi- dends, etc 159, 160 time of filing changed, .... 1146 ANNULMENT. of rulings, by courts, when, . . . 171 APPEAL. from local valuations, etc., to board as to commutation tax, as to express transportation, . 160 163 135 APPLICATION. of corporate franchise tax, . 163, 164, 165 of laws as to street railways, . 121, 122 Boston Elevated company, etc., excepted, 122 special charters, how affected, . 121. 122 APPORTIONMENT. of franchise, etc., tax. See Taxation. 161 228 INDKX TO STREET RAILWAY LAWS. 23 30 145 132 145 APPRAISALS. (if property, stock or bond issues, . . 4 APPROACH OF CARS. notice of 150 APPROACHES. in alteration crossings, street railways to con- tribute, . . 11 ARREST. without warrant, by street railway police, . ASSAULTS. upon employees, ..... ASSESSMENT. of betterments, when, .... on shares; collections; liability; sales, 131, of street widening expense, limit, . 144, of corporate franchise, etc., tax. See Taxa- tion. of commutation tax. See Taxation. of expenses of board upon companies, . 5 ASSESSORS. returns of length of line to, . . . 162 ASSOCIATION. agreement of, contents, etc., . . . 122 See Corporate Matters. ATTORNEY GENERAL. to act on report of board, when, to proceed for dissolution of company, when, may apply to supreme, etc., court as to stock and bond issues, .... AUCTION. sale of stock at, when, .... AUTHORITY. of board, to supervise, examine, etc., enforcement of laws by, notice to companies as to laws, scope of statutory provisions as to. See Railroad Commissioners 170 141 156 157 AVOIDING GRADE CROSSINGS. construction of track outside way, within limits of way, land may be taken, . of highways, .... See Crossings. B. BAGGAGE. street railways, common carriers of, authority limited, etc., . board to approve, See Corporate Powers. 157, 157, 158 158 158 138 135 135 135 BANK COMMISSIONER. duties as to investment in street railway bonds 168, 169, 169a lists of companies paying five per cent, divi- dends, for 169, 169a BETTERMENTS. assessed, when, .... stock or bonds for paying, BLANKS. and forms for returns, BLOCK SIGNALS. installation of, .... equity jurisdiction to enforce, injury to signals, .... BONDHOLDERS. may request examination of books, etc. See Corporate Matters. BONDHOLDING. in another company, when, not permitted, except, . 145 154 li) 7 7 29 134, 140 134 BONDS. issue authorized, purpose, proceedings, amount limited, .... approval and certification of, betterment assessments, paying for, . branches, for issue, when, cash premiums, par value, may be computed, 154 156 154 154 154 47a conditions precedent to, . . . 154-156 consent of board, .... 154, 155 decision within thirty days, . . . 155 consolidation, for, ..... 140 electricity, furnishing to towns, for, . 154 equitable relief as to issue, . . . 156 expert investigation of cost of property, . 4 grade crossings, for abolition, . . . 154 mortgages, to secure, . . . 154, 156 pleasure resorts, for, .... 154 power houses, car houses, park buildings, rolling stock, etc., for, . . . 154 proceeds, application of, . . . . 156 purchase, in case of, for, .... 140 savings banks, may invest in, 168, 169, 169a pledged to, as collateral, 169 secretary of commonwealth, certificate filed with 156 stockholders to authorize, . . .156 BOOKS AND ACCOUNTS. board to examine, ..... 9 bondholders may request examination of, . 9 continuance of uniform system, . . 9, 169 directors may request examination of, . 9 examination from time to time, . . 9 by request of directors, etc., ... 9 publication in Boston daily newspaper, 9 penalty for refusal, .... 10 inspection at any time by board, . . 9 list of stockholders, access to, . . . 9, 10 neglect to keep, penalty for, ... 10 non -submission, etc., penalty for, . . 10 publication of statements, ... 9 stockholders may request examination of, . 9 stock books to be kept at principal office in state 130, 131 submission to railroad commissioners, 10 system to be prescribed by board, . . 9, 169 BOSTON. alteration of crossings in, board to act, etc. 11 IXDKX TO STREET RAILWAY LAWS. 229 BOSTON ELEVATED RAILWAY. certain enactments applicable to, . 122 exempted from law as to school fares, . 153 provisions as to taxation, . . . 164, 165 BRAKES. equipment with, board may require, . . 151 BRIDGE ENGINEERS. expert, appointment of, duties, ... 4 BRIDGE GUARDS. to be built 149 non-erection of, penalty, . . 149, 150 BRIDGES. appointment of expert bridge engineers, . 4 alteration, discontinuance, town's liability, when 14S, 149 building to be approved by board, . 25 examination by experts, ... 25 further examinations, annual, etc., . . 25 temporary locations for, . . 1226 damages, for defective, liability, etc., 149 expense of, in crossing alteration proceed- ings 11, 12 floor systems for, ..... 25 guards upon, penalty, etc., . . 149, 150 opening of, for repairs, etc., . . 148 See Operation. BURIAL GROUNDS. location through, punished. 124, 125 BY-LAWS. agents or officers, may determine manner of choosing 128, 129 business, management and conduct of, may determine, . . . .128 meetings, to prescribe time of, . . 129 to fix manner of calling, . . . 129 may determine quorum, . . . 129 operation, as to, by local boards, . 146, 147 relief societies, of, approval of, etc., . . 22 stock certificates, signing, to prescribe man- ner of, . . . . . . 130 lost, how replaced, may determine, . 131 treasurer's bond, to fix, . . . 128, 129 vacancies, filling, may prescribe manner of, 129 See also Operation. c. CAPITAL STOCK. issue, increase, etc. See Corporate Mat- ters. securities for working capital, . . 1546 CAR BARNS. private land locations, to reach, . . . 136 CARS. approach of, notice, as to, ... 150 disorderly conduct in, penalty, . . . 150 ejection from, for evasion of fares, . 23, 29 expectoration in, . . . . Ill, Ilia fenders, wheelguards, etc., upon, . . 151 heating of, penalty, enforcement, . 151 inspection of, . . . . .21 missiles, throwing at, .... 30 CARS — Concluded. number and routes, as to, ... 146 obstruction of, on other railways, . . 151 of streets by, penalty, . . 150, 151 platforms for, enclosed when, . . 151, 152 board to approve; decisions, effect of; penalty, .... 151, 152 regulation of use, . . . . 1 16 of speed, . . . . . 1 Hi sales by children on, penalty, . . . 151 special, fares, etc., .... 152. 153 sprinkling, use of, . . . . .134 to stop at railroad crossings; penalty. . 150 See Rolling Stock; Operation. CASH PAYMENT. for new shares of stock, .... 131 CERTIFICATE. before construction, by directors, . . 132 connecting locations, as to, 133 extending time for construction, 132, 133 extension of franchise, .... 133 incorporation, of, form, fee, . 127, 128 of purchasers from receivers, . . ION operation, preliminary to, . ... 146 on private land, . . . . .137 payment of capital, filing, . . . 132 reduction of stock, of, ... . 155 private land, as to location on, . . . 137 CERTIFICATE OF INCORPORATION. issue, by secretary of commonwealth, form, fee 127 land damages, to be secured, . . . 127 of purchasers from receivers, . . . 168 organization to follow issue, . . . 128 original copy to be evidence, . . . 128 preliminary certificate by clerk of board, 127 recording with agreement, . . . . 127 surrender of, . . . . . .1(17 See Charter; Corporate Matters. CERTIFICATES, STOCK. See Corporate Matters (Capital Stock). CHANGE OF NAME. See Name. CHANGES. board to suggest, in stations, fares, etc., . 8 CHARTER. forfeiture of, when, . issuance of, form, fee, publication of petition for, limitations as to fares, surrender of, . See Certificate of Incorporation special, provisions aa to, . See Petition. CHECKS. free, withdrawal of, etc., . board to approve, I II 127, 128 37 152 167 37 154 I.", I CHILDREN. half fares for pupils, . 153, 153a sales by, on cars; penalty, when, . . 151 CITIES, distribution of tax, appeal to board, 163 excise tax payable to, . . 162. L63 230 INDEX TO STREET RAILWAY LAWS. CITIES — Concluded. may furnish electricity, when, not liable, discontinuance of ways, route in, agreement of association, CITY OFFICERS. complaints by, .... may petition for remedies, when, CLERK. of company; election, oath, temporary clerk, duties, etc., . must be resident of commonwealth, penalty, .... to call special meetings, CLERK OF THE BOARD. certificate of, preliminary to incorporation, . COAL. transportation of, .... . See Corporate Powers. COLORED PERSONS. no discrimination against, COMMISSIONER OF CORPORATIONS. certificate as to changes in officers to be filed with, ...... COMMON CARRIERS. street railways, of freight and baggage, authority defined, ..... failure to grant appeal, .... not authorized by consolidation or lease, when, ...... board to approve, ..... petition to board, when, .... See Corporate Powers. 141 1 is 122, 168 8, 9 170 128, 129 122 43 129 43 129 134 92 135 135 135 140 135 135 COMMON OR PARK. location on, forbidden after twenty years, . 124 public parks, lay-out over, restricted, 124, 125 park commissioners may approve when, . 125 See also Location and Construction (Common or Park). COMMONWEALTH. contribution to grade crossing abolition, provisions as to, .... bonds, sinking fund, etc., excise tax, payable to, COMMUTATION TAX. See Taxation. COMPLAINTS. by municipal officers, by employees; secrecy of, by legal voters, .... examinations into, when, . COMPLIANCE. certificate of, before incorporation, before operation, .... on private land, .... CONDITIONAL SALE. of rolling stock, payment, recording, etc. See Rolling Stock 14 17 19 161 8, 9, 170 9 . 8, 9 127 146 137 25 CONDITIONS PRECEDENT. bond issue, to, ... CONDITIONS. and restrictions at grade crossings, CONNECTING CITIES AND TOWNS. extensions into, . See Location and Construction. CONNECTING LOCATION. application to board, hearing, grant of, conditions, . . . . See Location and Construction; Cor- porate Powers. 154 . 10, 11 133 133 133 CONNECTING ROADS. joint use of, ..... . 134 board to regulate, .... 134 consolidation of, approval by board, . 30, 139, 140 express business not authorized by, . 140 powers and duties after, . . . 140 reduction of stock upon sale, . . . 141 vote by stockholders approving, . . 140 See also Consolidation and Sale. lease, definition, ..... 140 decision by board, when, ... 30 conditions of lease, .... 140 copy in annual return, .... 169 express business not authorized by, 140, 141 terms, approval by board, . . 30, 140 See also Lease. operating contract, approval of, . . 32, 140 annual return to include copy, . . 169 CONSENT. to crossings over or under railroad, . . 158 to grade crossings, ..... 10 CONSOLIDATION AND SALE. approval by railroad commissioners, . 30, 139, 140 bonds, issue for, ..... 140 capital, increase for, .... 140 and debt, aggregate of, not to be increased, 140 exchange of securities for those of selling or merged company, .... 140 express business not authorized by, . . 140 facilities for travel not diminished, . 139 fares, not to increase, .... 139 limitation of, . . . . . 139 of connecting, intersecting, etc., roads, . 139 by authority of charter, .... 139 by special act, ..... 139 powers and duties after, .... 140 proceeds, not to be used for dividends unless, 141 reduction of stock upon sale, . . . 141 terms, approval by board, . vote by stockholders, two-thirds, ing, .... 30, 140 appro v- 140 CONSTRUCTION. capital, paid in before, certificate that capital subscribed, etc corporate powers to cease, if, limit of time for, on private land, location void if, in eighteen months, manner of, conditions, etc., of track to avoid grade crossings, See Location, etc.; Corporate Powers. 132 132 132, 133 132, 133 136 132, 133 123, 124 138, 157, 158 INDEX TO STREET RAILWAY LAWS. 231 CONSTRUCTION OF ACT. continuation of existing statutes, etc., CONSTRUCTION OF STREETS. transportation of material, CONTRACTS. leases, etc., annual return to contain, powers of company, under, for operation, time limited, conditions, approval, etc., See also Lease. 171, 172 134 169 140, 141 139 32, 140 159, 160, 122, CORPORATE FRANCHISE. taxation upon, .... 159, 160, 161 additional tax if dividends exceed 8 per cent 161 See Taxation. CORPORATE MATTERS. In General. companies subject to parts 1 and 3 corporate franchise, taxation of, corporate name regulated, . change of, . dissolution for issue of stock, etc., by foreign dividends, proceeds of sale of road for, stock, etc., dividends prohibited, equity jurisdiction as to, . first meeting after incorporation, foreign corporations, stock held by, formation, manner of, ... . gauge to be of standard width, . meetings, manner of calling, officers, changes in, certificate as to, to be filed with commissioner of corpora- tions, ..... property, realty and personalty; limit of holding, .... 133, 134 return by lessee to lessor, annually, stockholding in another, authority for working capital, securities for, . 170, 121 161 I liS 159 141 141 155 171 I 28 141 122 122 129 43 170 134 1546 Agreement of Association. contents of 122, 168 capital, to state, .... 122, 168 directors to be subscribers, 122, 168 fifteen or more persons to sign, . . .122 gauge, to state, . . . .122 length, to set forth, .... 122, 168 name, to set forth 122, 168 par value of shares, to state, . . 122, 168 publication and evidence of , . 122, 123 where published, board may designate, 122, 123 purchasers from receiver, of, . . 167, 168 route, to set forth, .... 122, 16S secretary of commonwealth, to be tiled with 127, 167 subscribers not bound to pay more than ten percent, unless, .... 122 termini, to set forth, . 122, 168 towns and cities, to state, . 122, 168 Bonds. issue authorized; purpose of ; proceedings, . 154 abolition of grade crossings, for, . 151 amount limited, ..... 156 approval and certification of, . . 154 betterment assessments, paying for, . 154 CORPORATE MATTERS — Continued. branches, for, issue, when, . . 154 cash premiums, par value, may be computed, 47a consent of railroad commissioners, . . 155 decision within thirty days, . . . 155 consolidation, for, ..... 140 electricity, furnishing to towns, for, . . 154 equity jurisdiction as to, application, . 156 penalty for wrongful vote or issue, . . 156 expert investigation of cost of property, . 4 mortgages to secure previous issues. . 156 pleasure resorts, for, .... 154 power houses, car houses, park buildings, rolling stock, etc., for, 154 proceeds, application of, .... 156 purchase, in case of, for, .... 140 savings banks may invest in, when, 16S, 169 pledged to, as collateral, . . 169 secretary of commonwealth, certificate filed with, ...... 156 stockholders to authorize, . . 156 Books and Accounts. directors may request examination of, examination by board, by request of directors, etc., . publication in Boston daily newspaper penalty for refusal, inspection at any time by board, list of stockholders, access to, neglect to keep, penalty for, publication of statements, stock books, to be kept at principal office in state, ..... 1 submission to railroad commissioners, non-submission, etc., penalty for, uniform system, continuance of, 9 9 9 9 10 9 9, 10 10 9 50, 131 9 10 9. 16!) By-laws. adoption of, . . . . . .128 agents or officers, may determine manner of choosing 128, 120 business, management and conduct of, may determine, . . . .129 meetings, to prescribe time of, . . . 129 to fix manner of calling, . 120 may determine quorum, . . .129 stock certificates, signing, to prescribe man- ner of, . . . 130 lost, how replaced, may determine, 131 treasurer's bond, to fix, . . . 128, 120 vacancies, filling, may prescribe manner of, 120 Capital Stock. amount required per mile,. . . . 122 assessment on shares; collection: liability; sales 131, 132 certificate of payment in, filing of, 132 certificates, each stockholder entitled to, 130 bond to indemnify company against loss. 13J delivery of certificate sufficient to transfer title 130 directors to determine conditions of new issue, . . . . . .131 dividend due holder of record until, 130 lost or destroyed, replace. I when, 131 new, when transferred as collateral secu- rity if 130 not to issue until par value lia been paid in cash, . . . I.I 232 INDEX TO STREET KAILWAV LAWS. 154, CORPORATE MATTERS — Continued certificates, provisions as.to, shares, number of, to show, equity jurisdiction as to, . foreign corporations, held by, increase authorized, .... approval of railroad commissioners, auction, sale at, when, . board to determine amount, cash payment for new shares, . certificate for, filed with secretary of com- monwealth, ..... consolidation, for; limit, expert investigation of cost of property, . grade crossings, for abolition of, market value, offered for not less than. new shares, stockholders entitled to date for subscriptions, .... notice to stockholders of, par, new shares for not less than, pleasure resorts, to acquire, price of new shares, commissioners to fix, proceeds, application of, . . 154 provisions of parts II. and III. to apply, . subscriptions for shares, time for, 130, i:;i 130 156 141 154 154, 155 157 155 157 156 140 4 154 157 157 51a 157 157 154 157 156 154 157 i>sue of, and amount, 131, 155, 156 approval of railroad commissioners, 155 certificate of filing, .... 156 equitable relief as to, board may invoke. . 156 expert investigation of cost of property, 4 for consolidation, ..... 140 on domestic franchises regulated, . . 141 working capital for, .... 1546 par, issue for, only, . . . .131 value to be one hundred dollars, 122, 168 payment in before certificate, . . 131 before incorporation, . . « .127 construction, before beginning of, 132 directors liable till paid in, etc., 132 penalty for wrongful vote or issue, 156 preferred, issue of, . . . . 526 purchasers from receiver, of, . . .168 reduction, commissioners may authorize, 155 certificate of, filing with secretary of com- monwealth, ..... 155 directors' liability, .... 155 distribution of proceeds regulated by board, ...... 155 sale, upon, dividends prohibited unless. . 141 vote of stockholders for, . . . 155 shares, price of, stockholders to fix, 506 stock books, to be kept at office in state, 130, 131 competent evidence in all courts, . 131 equity jurisdiction to enforce, . . 131 officers liable for refusal or neglect to ex- hibit 131 slock issued only for cash, . . 131 transfer of shares; record; new certificates, 130 transferred as collateral security, certificate when 130 pledgee entitled to, when, . . . 130 pledgor alone liable and entitled to vote, . 130 working capital, issue for, . . 1546 Certificate of Incorporation, issue by secretary of commonwealth, form, fee 127 land damages to be secured, . . 127 of purchaser from receiver, . . 168 organization to follow issue, . . 128 original copy to be evidence, . . 128 CORPORATE MATTERS — Continued. preliminary certificate by clerk of board, . 127 recording with agreement, etc., . . . 127 surrender of, . . . . . . 167 Construction. See Location and Construction. Corporate Powers. See below. Directors. abolition of crossings, may petition for, . 12 acceptance of locations by, . . 124, 133 alteration of crossings, may petition for, 11 agreement of association, to publish, . 122, 123 names to be set forth in, . . . 122 number to be named in, ... 122 subscribers to agreement, to be, . . 122 annual choice by stockholders, by ballot, . 128 books and finances, may request examina- tion, ...... 9 capital stock, duties as to, 51a, 131, 132, 155, 157 increase of, duties as to, . . 157 penalty for wrongful issue, . . . 156 personally liable, when, . . 132, 155 reduction, distribution of proceeds, . 155 clerk and treasurer, to appoint, . . 128 construction, preliminary certificate before, 132 duties and powers in general, 122, 123, 124, 1286 annual report to board; oath, . . 169 capital stock, duties as to, 51a, 131, 132, 155, 157 132 122 128 liability till capital paid in, clerk, temporary, appointment of, to elect, ..... construction, preliminary certificate be fore, ..... first meeting, to call, president, to elect, treasurer, to elect, locations, powers as to, defined, meetings of, . may be within or without commonwealth waiver of notice, filing of, organizations purchasing from receiver, of, personal liability until payment of capital, capital stock, in case of reduction of, stock, etc., dividends, liability as to, . stock certificates, to determine, conditions of new issue, .... stockholders, to be, unless, subscribers to agreement, etc., . treasurer, to appoint, vacancies among officers, to fill. Dissolution. for issue of stock by foreign owner, majority of stockholders may petition for, supreme or superior court, jurisdiction, notice and hearing, decree, continuance as body corporate, three years suits, prosecution or defence, of, jurisdiction in equity to appoint receiver, receiver, application for, rights, duties, debts, payments, proof, distribution, etc balance remaining, distribution, etc., surrender of charter, certificate, majority of stockholders may apply, publication of notice, secretary of commonwealth, duties, return to secretary of commonwealth, 132 128 128 12S 1286 130 130 130 168 132 155 155 131 128 122 128 122 141 166 166 166 166 166 166 166 166 166 167 167 167 167 167 INDEX TO STREET RAILWAY LAWS. 233 CORPORATE MATTERS — Continued. sale of railway by receiver, rights pass to purchaser, ..... 167 municipal liabilities assumed, . . 167 mortgagee's rights unimpaired, . . 167 formation of new company, agreement, etc 167 name, termini, capital, etc., . . 168 certificate of incorporation, recording, . 168 powers of company to cease, unless, . 168 Dividends. due to holder of record until, . . 130 exceeding eight per cent., additional tax when, ...... 161 proceeds of sale of road for, " . . .141 prohibited unless stock is reduced, . . 141 return of, to tax commissioner, . . . 160 stock or scrip, etc., prohibited, . . . 155 directors liable, penalty recovered by in- dictment, ..... 155 not liable if dissent in writing is filed, . 155 unclaimed, publication of list, . . . 131 Foreign Corporations. capital stock held by, . . . .141 issuing stock on domestic company, dissolu- tion, ...... 141 bonds, issued upon, dissolution unless, . 141 jurisdiction in equity to enforce, . . 141 attorney-general may proceed, 141 not to affect prior rights, . . . 141 Location. establishment of corporation to follow, 127 See Location and Construction. Meetings. annual, time, place, fixed by by-laws, . . 129 to be held within commonwealth, . . 129 notice fixed by by-laws unless, . 129 majority in interest a quorum unless, . 129 purposes of meeting to be stated. . . 129 annual, waiver of notice, .... 129 warrant of justice of peace when, . . 129 directors, within or without the common- wealth 130 without notice when, .... 130 waiver of notice to be filed, . . . 130 first, calling after incorporation, . . 128 manner of calling, . . . .128 proxy voting, regulation of, . . . 130 special, calling by clerk, .... 129 voting by stockholders, .... 130 by persons in fiduciary capacity, . 130 on shares of company's own stock pro- hibited, 130 Mortgages. authorized; purposes of, . . . . 154 bonds to secure, . . . . .154 railroad laws, part II . §§ 48-56, applicable, 154 receiver, sale by, not to impair powers under, 167 Notes. consent of railroad commissioners; deci- sion, ..... 155, 156 equity jurisdiction to enforce, . . 156 CORPORATE MATTERS issue authorized, limit of issue, . proceeds, application of, Continued. 155, 156 155 . 156 Officers. choice or appointment, prescribed by by- laws, except, . . . .128 changes in, certificate to commissioner of corporations, ..... 43 penalty for neglect, .... 43 clerk, election and oath, . . . 128, 129 must be resident of commonwealth, 43, 129 penalty, ...... 43 special meetings, to call, . . .129 temporary clerk, appointment and duties, 122 directors. See above. president, choice of, by directors, . . 128 director, to be a, . . . . . 128 treasurer, election and bond, . . 128, 129 bonds, to record, ..... 47 temporary treasurer, appointment and du- ties 122 Organization. first meeting of incorporators, . . . 128 notice signed by majority of directors, . 128 recorded on records of company, . . 128 waiver of notice by all incorporators, . 128 by adoption of by-laws, .... 128 election of not less than five directors, 128 temporary clerk to attest records until, 128 officers to be chosen, . . .128 duties of 128, 129 of purchasers of road from receiver, 167, 168 failure to effect, . . . . .168 Receiver. appointment of, by supreme or superior court, ...... 166 sale, etc., of property by court's order, . 167 not to impair mortgages, . . .167 organization upon purchase from, . 167, 16S agreement of association, record of, . 168 subscribers to, . . . . . 168 capital stock, limit of, . . . . 168 organization upon purchase from, certificate of incorporation, .... 168 cities and towns, where located, to be given, 168 court ordering sale, dates, etc., . . 168 directors, number and names, . . 168 failure to organize, effect of, . . . 168 length of railway to be given, . . . 168 name to be assumed, .... 168 corporate name of former owner, . 168 rights and duties, ..... 168 termini to bo stated, .... 168 to pay debts and distribute surplus, . . 166 169 170 170 Returns. annually, to board; oath, . amendment of defect iv • erroi i . blanks to be furnished, system prescribed by board, . contracts, leases, etc., to contain, dividends and length of line, of, to tax com- missioner, .... 159, 160 earnings and length of track to assessors. form, changes in, to be communicated to companies, ..... 10, 169 169 L62 170 234 INDEX TO STREET RAILWAY LAWS. CORPORATE MATTERS Concluded. lessee to make returns to lessor,. 170 liable to lessor for failure, . . . 170 lessor responsible for correctness, . 170 penalty and proceedings for neglect, 170 tables and abstracts, transmission of, . 6, 170 Stockholders. books and accounts, may request examina- tion of, ...... 9 bonds, vote for issue of, .... 156 capital stock, vote for reduction of, 155 proceeds, distribution among, . . . 155 consolidation or lease, vote for, . . 139, 140 lists of, access to, by board, ... 9 may apply to supreme, etc., court as to stock and bond issues, . . . .156 majority to approve leases, . . . 1 10 two-thirds to apptove consolidation or sale 140 two-thirds to approve change of name, 159 may apply for surrender of charter, 167 may petition for dissolution, . . 166 meetings of, .... . 129, 130 new shares, entitled to, .... 157 cash payment for, .... 157 notice of, ..... . 157 price of, may fix, . . . . . 506 subscriptions, time for, .... 51a special meetings, may request, . . . 129 stock certificate, each stockholder entitled to, 130 votes at meetings, ..... 130 Taxation. corporate franchise, etc., tax. See Taxa- tion. CORPORATE NAME. regulated, change of, . See Name 122, 168 159 CORPORATE POWERS authority to construct, maintain and oper- ate railway, . . . .13 board may extend time, after notice and hearing, ..... building within eighteen months or powers to cease, . . .13 certificate that due diligence has been exer- cised, etc., ..... baggage, freight, express matter, may con- vey, ...... board to approve extent of use, etc., certificate of public necessity and conven- ience, ...... consent of local authorities necessary, laws as to common carriers to apply, military supplies, may transport, milk and cream, may transport, regulations and restrictions, . board to approve, .... United States mail, may carry, connecting or "missing link" locations, abutters notified by publication or other- wise, ...... application to board within thirty days of refusal, etc., ..... board may enter decree granting location, to prescribe appliances, conditions and obligations, ..... 2, 133 133 2, 133 133 135 135 135 135 135 1346 135a 135 135 134 133 133 133 133 133 CORPORATE POWERS — Concluded. connecting or "missing link" locations, fil- ing of written acceptance of location within thirty days, or void, . . 133 notice and hearing, to local authorities, etc 133 extension of authority to operate in adjoining towns, etc., ..... 133 board to certify to public necessity and convenience, ..... 133 certificate to be filed with secretary of commonwealth, .... 133 general laws as to location, construction, etc., to apply, . . . .133 gravel, street sweepings, snow, ice, etc, may convey, ..... 134 coal and other supplies, may convey, 131 consent of local authorities, . . 131 contracts with cities and towns, for trans- portation, may make, . . .134 with Massachusetts highway commission, 134 material for construction, grading, repair- ing, etc., ..... 13! joint use of tracks, permission for, . 134 board to determine extent of such use, . 134 rules and regulations fixed by board, 134 may purchase necessary real and personal estate 133, 134 not to hold stock or bonds of another com- pany unless, ..... 134 motive power, electricity, or other, may be used, . . . . .134 board to determine, .... 134 pleasure resorts, may acquire, hold, main- tain, etc., ..... 134 admission to grounds to be free, . . 134 board to approve purchase, etc., . . 134 intoxicating liquors not to be sold on grounds, ..... 134 land not to be sold without approval of board 134 stock or bonds for, issue of, . . 154 subject to restrictions imposed by local authorities, . . . .134 board to approve, .... 131 street sprinkling cars, may be used on tracks, 134 companies may contract to furnish power, etc 134 extent of use regulated by board, . 134 regulations and restrictions, to make, . 134 CORPORATIONS. formation of, . . . . . . 122 after receiver's sale, . . . 167, 168 See Corporate Matters. commissioner of, certificate as to change in officers to be filed with, . 43 COUNTY COMMISSIONERS. appeal to, as to local valuations, powers of, exercised by selectmen when, decision, necessity, in alteration crossing pro- ceedings, . . . . . board to act as, in Boston, alteration of cross- ings, ...... COUPON BONDS. Kit registered, ...... 160 138 154 COUPON NOTES. issue of, . 155. 156 INDEX TO STREET RAILWAY LAWS. 235 COURT. See Supreme Judicial Court; Superior Court. CREAM. transportation of, . 135a CRIMES BY AND AGAINST. accommodations, neglect of, annual returns, neglect to make, books, neglect as to, bridge guards, non-erection of, . 152 170 10 149, 150 capital stock or bonds, for wrongful issue, . 156 children, allowing sales by, . . . 151 crossings, stopping of cars at, . . . 150 disorderly conduct on cars, . . . 150 electricity, unlawful use or diversion of, . 1426 employees, assaults upon, ... 30 loss of life of 27, 28 obstructions by, .... 150, 151 platform enclosure, neglect of, . . 152 equitable remedies against, . . .170 attorney general to proceed, when, . 170 petitions of municipal authorities for, 170 expectoration in cars, stations, etc., . Ill, Ilia explosives, placing on tracks, . . . 150 fares, evasion of, . school pupils, refusal of half rates to, heating cars, neglect of, injury to block signals, life, endangering by obstruction of tracks loss of, recovery, .... loitering in stations, loss of life, negligently causing, . missiles, throwing, at cars, etc., passes, as to, . non-removal of tracks on revocation, . platforms, failure to enclose, poles or wires, destruction of, regulations as to speed, etc., violation of, signals, injury to, .... streets, or cars of other railways, obstruction of 150, 151 tracks, obstruction of, endangering life, use of, neglect of regulations, transfers, misuse of, ... 29 153 151 29 150 27, 28 150 27, 28 30 153 144 152 142c 146 29 150 146 154 ways, use of, regulations; penalty, . 146, 147 See Penalty. CROSSINGS. In General. of steam railroads, regulated, . . 10, 11, 150 overhead structures, consent of board, . 158 over or under ways, consent to, . 65 aldermen or selectmen may authorize, Massachusetts highway commission may authorize, ..... on ways, authorization, .... stopping cars within 100 feet of. 138 158 1 58 158 150 Abolition of Crossings, directors may petition for, action of, as to, .... appointment of special commission, members of board may be appointed, :iu>6 approval by railroad commissioners, . . 123 establishment of corporation to follow, . 127 fourteen day's notice to be given, . . 123 manner of construction, conditions, etc., . 123 petition, notice and hearing on, . . 123 powers of directors defined, . . . 12N6 publication, aldermen or selectmen may des- ignate, ...... 123 prior locations ratified; revocation of, . 124 railroad commissioners to approve, . . 123 may require alterations before certifying, 123 notification to local board, . . . 123 hearing to be given if route is changed, 123, 124 board's certificate as to amended location, 124 reserved space in public ways, . . 138, 139 revocation, new petition after, etc., . . 124 sale by receiver, ..... 167 temporary, in rebuilding bridges, . . 1226 valid, only when approved by board, 123, 124 void by refusal of certificate or non-acceptance, 124 on failure to apply for certificate within thirty days of grant, . . 124 if organization is not completed within eighteen months, . . . 132, 133 Private Land. companies operating upon, subject to general laws, ...... locations upon, ..... location upon, by eminent domain, . 137, 138 application to aldermen or selectmen, cer- tificate, purposes, .... 137 certificate of public necessity and con- venience, ..... 137 construction of law defined, . . . 138 map, estimate, etc., to be prepared, . 39, 137 excavating, bridging, filling, etc., to be shown, ...... profile to be prepared, .... powers of county commissioners exercised by aldermen or selectmen, taking the land, provisions applicable to, 13 to abolish grade crossing, considered a rail- road corporation, .... may bring petition or respond as such, location upon, by purchase or lease, for providing terminals in parks, etc., for avoiding railroad grade crossing, etc., for avoiding highway grade crossing, for reaching car barns or repair shops, for avoiding grades and curves in ways, 136, 137 for other purposes incidental to use of ways, 136 petitions for, to board, may authorize, approval of aldermen or selectmen pre- requisite, ..... construction, grade and alignment to be fixed, ...... plan to accompany petition, . public convenience and necessity to be shown, ...... public notice and bearing required, safeguards to be adopted, to set forth purpose of location, prior locations confirmed, restrictions as to, . 137 136 39 39 138 138 . 13S . 138 136, 137 136 136 138 136 130 136 137 136 . 136 . 136 136 136 136 136, 137 242 IXDEX TO STREET RAILWAY LAWS. LOCATION AND CONSTRUCTION — Con- cluded. operation upon, certificate of board, . . 137 changes and improvements thereafter, 137 reserved spaces in public ways, . 138, 139 Revocation of Locations. aldermen or selectmen, by; time, approval of railroad commissioners, unless, hearing and notice as to, . new petition, after, .... removal of tracks at expense of company, recovery in action of tort, neglect to remove, penalty, 144 144 144 124 144 144 144 State Highways. application by president of company, etc., 145, 145a action of directors as to, 1286 on, 145, 145a, 146 ways to become, grading, etc., . . 145 supervision by highway commission, . 145, 146 See Highway Commission. temporary locations, during bridge construc- tion, ...... 1226 Ways. alteration of grade; expense of, betterments, assessment, etc., of, operation upon; exceptions, repair of, responsible for, when, opening ways for, permit required, restoration of surface, reserved spaces in, for, transportation of material for, . widening for, expense of, . See Ways. 145 145 136, 146 14S, 149 when, 148 149 13S, 139 134 144, 145 LOITERING. in stations, etc., penalty, LORD'S DAY. running cars on, legalized, LOST CERTIFICATES. See Corporate Matters (Capital Stock). 150 101 M. MAILS. transportation of, MAP. estimates, profiles, etc., in land takings, MASSACHUSETTS HIGHWAY COMMIS- SION. See Highway Commission - , State. 134 39, 137 MATERIAL. liens for, etc.. 158 See Liens. MAYOR. may petition supreme judicial court for re- sumption of use of track, . 147, lis MEETINGS. annual, time, place, fixed by by-laws,. . 129 to be held within commonwealth, 129 notice fixed by by-laws unless, . . 129 majority in interest a quorum unless, . 129 MEETINGS — Concluded. annual, purposes of meeting to be stated, . 129 waiver of notice, ..... 129 warrant of justice of peace when, . . 129 directors, within or without commonwealth, 130 without notice when, .... 130 waiver of notice to be filed, . . . 130 first; calling after incorporation, . . 128 manner of calling, .... 128 proxy voting, regulation of, 130 special, calling, by clerk, .... 129 voting by stockholders, .... 130 by persons in fiduciary capacity, . . 130 on shares of company's own stock pro- hibited, 130 MERCHANDISE. carriage of, ..... 135 METROPOLITAN PARK COMMISSION- ERS. to grant locations in roads, boulevards, parks and reservations, . 1246, 125, 126 See Location and Construction METROPOLITAN PARKS. tax on location, payable to state, . 126, 161 MILE. capital stock per, amount required, . . 122 MILITARY SUPPLIES. transportation of, . . . . . 1346 MILK. and cream, transportation of, . . 135a MISSILES. throwing at cars, etc., penalty, ... 30 " MISSING LINK " LOCATIONS. See Location; Corporate Powers. MORTGAGE BONDS. See Corporate Matters. MORTGAGES. authorized, purposes of, . . . . 154 bonds to secure, ..... 154 railroad laws (Part II., sects. 48-56), appli- cable, ...... 154 receiver, sale by, not to impair powers under, 167 See Corporate Matters (Dissolution) MOTIVE POWER. board to prescribe, ..... 134 steam, not permitted, .... 134 electricity, or other, may be used, . . 134 municipalities not to furnish, . . . 141 MOTORMAN. to stop cars within one hundred feet of cross- ings, penalty, .... 150 See Employees. MUNICIPALITIES. may purchase electricity, when, . 141, 142 not to furnish motive power, . . . 141 See Cities; Municipal Officers; Towns; Electricity. INDEX TO STREET RAILWAY LAWS. 243 MUNICIPAL OFFICERS. complaints by, ..... electricity, application as to price of, . may petition for remedies, when, may petition supreme judicial court for re- sumption of use of tracks, regulations by, for use of tracks, etc., speed rules, established by, . . 14 K. NAME. corporate, regulated, change of, application, etc., two-thirds vote of stockholders required board to authorize, after hearing, . filing of authority with state secretary, board to require public notice of change certificate issued by secretary, restrictions as to name, applicable, 1 rights and liabilities under new name, actions not defeated by, new name substituted on motion, to be set forth in agreement of association, 1 122, NEGLECT. annual report, to make, penalty, lessee to make to lessor, penalty, books and accounts, to keep; penalty car heating, .... of accommodations, . vestibules, of, . NEGLIGENCE. as to tracks, repairs, etc., liability for, action, notice, etc., loss of life from, death from, recovery, etc., employees, recovery by, when liability of employer, etc., machinery, etc., car considered, notice, .... NEW SHARES. cash payment for, price, board to fix, . par, not less than, stockholders entitled to, notice to, of, NON-SUBMISSION. of books and accounts; penalty, 8, 9 142 170 14S 146 168 159 159 159 159 159 159 159 159 159 159 168 170 170 10 151 152 152 148, 149 149 27, 28 27, 28 81, 82 81 81 82 157 157 157 157 157 L0 NOTES. consent of board; decision. 155 156 issue authorized, 155, 156 limit of issue, .... 156 equity jurisdiction to enforce, 156 proceeds, application of, . 156 NOTICE. to corporations as to laws, ... 8 NUMBER. of directors, to be named in articles, etc., . 122 o. OBSTRUCTIONS. cars of other railways, of, penalty, . . 151 employees, by, penalty, . . . 150, 151 endangering life by, penalty, . . . 150 OBSTRUCTIONS — Concluded. streets, of, penalty, . tracks, of, penalty, .... OFFICERS. of companies. See Corporate Matters. OPENING. certificate for operation preliminary to, on private land, .... 150, 151 150 146 137 OPERATING CONTRACT. approval of, by board, filing, etc., . 30, 32, 140 terms, etc., ...... 140 OPERATION. In General. certificate preliminary to, . not compulsory unless road is completed, on private land, appliances and safeguards, approach of cars, notice or warning, regulations by local boards, approval of railroad commissioners at railroad crossings, stops, etc., motorman liable, penalty, company liable, penalty, mails, transportation of, . merchandise, etc., transportation of, See Corporate Powers. on Lord's day, legalized, on private land, prohibited, except, on ways, exceptions, stations, loitering in, penalty. Accidents. board to investigate, inspectors to investigate, . notice of, .... inquests on, report, etc., . 146 146 137 150 150 150 150 150 150 134 135 101 136 136 150 26, Accommodations. to furnish reasonable, penalty, . . . 152 additional, board may require, . . .8, 152 penalties for neglect of, ... 152 forfeit, for use of cities and towns, . . 152 fares, establishment, . .... 152 board may suggest changes, ... 8 free passes regulated, penalty, . . 153 regulation of, railroad law to apply, 8S, 154 special cars, .... 152, 153 special rates, for public school pupils, . 153 for private school pupils, . . . 153 Boston Elevated Railway Company, ex- empted, ..... 153 for workingmen, .... 153 transfers, free, withdrawal, . . . 154 board to approve, etc., .... 154 transfer tickets, misuse of, penalty, . . 154 Bridges. alteration, discontinuance, liability, when, . 148 damages for dct'cri i\c, liability, etc., . 149 guards upon, penalty, ... 1 19, 150 board to supervise, or order, . . 1 19, 1 -~» ' ' opening fur repairs and renewal Of tracks, lis.] (<» private, obligation t<> construe! or maintain. l i!> repair of surface, liability, . . .11!! restoration to former condition, . l I'.i 2U INDEX TO STREET RAILWAY LAWS. OPERATION — Continued. By-laws and Regulations, approval, revision and alteration, . 146, 147 by towns, etc., as to, .... 146 cars, number and routes, as to, . . . 146 notice of approach of ears, as to, . . 150 proceedings to enforce, . . . .146 snow, removal of, .... 147 speed, regulation of rate of, . . 146, 147 wires, as to, . . . . . . 139 Cars, approach of, ..... . 150 disorderly conduct in, penalty, . . . 150 fenders, wheelguards, etc., upon, . . 151 heating of, penalty, enforcement, . . 151 obstruction of streets by, penalty, . 150, 151 of cars of another company, penalty, 151 platforms for, enclosed when, . . 151, 152 board to approve; decisions, effect of; penalty, .... 151, 152 sales by children upon, penalty,. . 151 special, fares, etc., .... 152, 153 sprinkling, use of, . . . . . 134 Connecting Roads. joint use of, . regulation by board. 134 134 consolidation of, approval by board, 30, 32, 139, 140 express business not authorized by, . 140 powers and duties after, . . . 140 reduction of stock upon sale, . . . 141 vote by stockholders approving, . . 140 definition for purpose of lease, . . . 140 leases of, conditions, ..... 140 operating contracts, approval of, . 32, 140 Crossings. of steam railroads, . . . . .150 cars stopped within 100 feet of, penalty, . 150 overhead structures, consent of board, . 158 over or under railroads, consent to, . . 158 Discontinuance. may be ordered temporarily, . . . 148 track removal, etc., upon, . . 147, 148 ways, of, city or town not liable for, . . 14S Employees. bond not to be required of, 85 hours of labor regulated, .... 152 penalty for assaults on, .... 30 weekly payment of wages to, . . . 86 See also Employees. Fares. changes in, board may suggest, ... 8 charter, limitations of, as to, . . . 152 consolidation not to increase, . . . 139 establishment, ..... 152 evasion of, penalty for, .... 29 leased roads, on, not increased, . . . 140 legislature may revise, . . . 88, 154 passes, issue of, regulated, .... 153 regulated, as on railroads, . . . 154 school pupils, rates for, .... 153 Boston Elevated Railway Company, ex- empted, ..... 153 OPERATION — Continued. special cars, ..... 152, 153 transfers regulated, discontinuance of, . 154 misuse of, penalty, .... 154 workingmen's rates, . . . .153 Inspectors. inspection by; duties of, .... 24 accidents, investigation of, ... 24 inquests, to attend, ..... 24 report to board, ..... 24 witnesses, summoning, as to, ... 24 Opening to Public. certificate for operation, .... 146 private land, on, ..... 137 Platforms. continuance of prior decisions of board, . 152 definition of "street cars" as to, . 151, 152 to be enclosed, penalty, .... 152 approval of board, .... 152 Private Land, on, laws applicable, ..... 137 operation on, ...... 137 prohibited, except, .... 136 safeguards, in case of, 136, 137 Snow, removal of, regulations, .... 147 copy of regulations to be filed September 1, 147 petition to board for amendment, . . 147 findings filed with local boards and com- pany, ...... 147 not mandatory except from and between tracks, etc., ..... 147 Streets or Ways. alteration of grade, expense of, . . . 145 alterations, etc., liability, . . . 148, 149 damages for defective, liability, recovery, etc., 149 discontinuance, etc., repairs on, . . 148 cities and towns not liable, when, . . 148 negligence, liability for, .... 149 obstruction of, by cars, penalty, . 150, 151 operation upon, exceptions, . . . 136 repairs, of surface, not required, etc., 148, 149 companies may open for repair or renewal of railway, .... restoration of surface to former condition reserved spaces in public ways, . state highways, operation on, structures on, authorization, use of, by cars, penalty, widening for street railways, expense, 148 149 139 146 158 146, 147 144 138, 145, Tracks. explosives upon, prohibited, penalty, . obstruction of, prohibited, penalty, endangering life or safety, penalty, petition to compel resumption of use, refusal to operate, appeal, jurisdiction in equity to determine, two or more municipalities may join in pe tition, ..... existing laws or rights not construed or impaired, .... 150 150 150 147 147 148 14S 148 INDEX TO STREET RAILWAY LAWS. 245 OPERATION — Concluded. temporary discontinuance of use, when, . 148 voluntary discontinuance of use, . 147, 148 may be removed after six months, . 147 use of, regulations for, penalty, . . 146, 147 subject to approval by board, . . 146 See also Equipment. ORGANIZATION. of purchasers of road from receiver, failure to effect, to follow issue of charter, . See Corporate Matters. ORIGINAL. definition, .... OVERHEAD STRUCTURES. consent of board, etc., See Crossings. P. PAR. issue of shares for, only, new shares for not less than, PARK. location on, forbidden, etc.. See Location and Construction. PASSENGER ACCOMMODATIONS. board may require, .... additional, ..... PASSES. issue of, regulated, penalty. PAYMENT OF CAPITAL. before certificate, before incorporation, before beginning construction, certificate of, filing, . directors liable till paid, etc., new shares, cash for, PENALTY. accommodations, neglect of, annual returns, neglect of, bonds, illegal issue of, books and accounts, for neglect of, non-submission to board, bridge guards, neglect of, . capital stock or bonds, for wrongful issue, cars, expectoration in, heating of, neglect, children, sales by, on cars, crossings, stopping cars at, disorderly conduct on cars, for, . electricity, unlawful diversion of, destruction of poles or wires, . explosives on tracks, placing, employees, assaults on, loss of life of, fares, evasion of, . school pupils, refusal of half rates to, injury to block signals, loitering in stations, loss of life, negligently causing, recovery, of employee, .... 167, 16S 16S 128 121 158 131 157 152 152 153 131 127 132 132 132 157 152 170 156 10 170 150 156 1, Ilia 151 151 150 150 1426 142c 150 30 28, 29 29 153 29 !.-,(> 28, 29 28, 29 PENALTY — Concluded. making annual returns, neglect, missiles, throwing at cars, officers, certificate to commissioner of corpo rations as to changes, neglect, . clerk to be resident of commonwealth, non-removal of tracks on revocation, . obstruction of cars of another company, passes, as to, platforms, failure to enclose, poles or wires, destruction of, speed regulations, violation of, streets, obstruction of, by ca rs tracks, obstruction of; endangering life use of, neglect of regulations, transfers, misuse of, ... ways, use of, regulations; penalty, . 146 See Crimes. PERMIT. to open streets for repairs, 170 30 43 43 144 151 153 152 142c 146 151 150 146 154 147 148 PERSONAL ESTATE. companies may hold. 133, 134 PETITION. for alteration of location, etc., . . . 143 for extension of location, notice, etc., . 143 for location; notice and hearing on, . . 124 for incorporation under special act, . . 37 filing notice, publication, etc., . . 37 newspaper designated by secretary of com- monwealth, ..... 37 proof of publication, .... 37 transmission to general court, . . 37 PLAN. filing, abolition grade crossings, . . 158 PLATFORMS. approval of vestibule enclosure, failure to enclose, penalty, See Operation. PLEASURE RESORTS. acquisition of, ... admission to be free to, approved by railroad commissioners, bonds and stock for, . liquor not to be sold in, stock and bonds for, . POLES OR WIRES. destruction of, penalty, taxation of, .... POLICE. street railway, appointment, etc, term of office, badges, powers, etc., may arrest without warrant, when, compensation, liability of company, etc witness fees, no allowance for, . POWER, ELECTRIC. sale to towns, .... POWER, MOTIVE. aldermen or selectmen to decide, municipalities not to furnish, 151, 152 152 131 131 134 154 134 1.1 1 142c 1606 22, 23 23 23 tc, 24 24 142 134 141 246 INDEX TO STREET RAILWAY LAWS. POWERS. of directors, . . . . . .128 of lessees 140, 141 of street railways after consolidation, . 140 POWERS, PRIVILEGES, DUTIES. of street railway companies, . . . 121 See also Corporate Powers. PREFERRED STOCK. issue of, . PREMIUMS. cash value, may be computed in bond issues, PRESIDENT. choice by directors, . director, to be a, PRICE OF SHARES. stockholders to fix, . . . . . PRIOR LOCATIONS. ratified; revocation of, . 526 128 128 50b 124 PRIVATE LAND. companies operating upon, subject to general laws, ...... 137 Locations, by eminent domain, .... 137 application to aldermen or selectmen, cer- tificate, purposes, .... 137 certificate of public necessity and conven- ience, ...... 137 construction of law defined, . . . 13S map, estimate, etc., to be prepared, . 39, 137 excavating, bridging, filling, etc , to be shown, ...... 39 profile to be prepared, .... 39 powers of county commissioners exercised by aldermen or selectmen, . . 138 taking the land, provisions applicable to, 138. 139 to abolish grade crossing, considered a rail- road corporation, .... 138 may bring petition or respond as such, . 13S by purchase or lease, .... 136 for providing terminals in parks, etc.,. . 136 for abolishing or to avoid grade crossing, 157, 158 land of railroad or railway taken, . . 15S board to adjudicate, .... 15S deed and plan to be filed, . . . 158 damages, railroad law to apply, . . 158 for reaching car barns or repair shops, . 136 for avoiding grades and curves in ways, 136, 137 for other purposes incidental to use of ways, 136 petitions for, to board, .... 136 approval of aldermen or selectmen pre- requisite, ..... 136 construction, grade and alignment to be fixed 137 plan to accompany petition, . . . 136 public convenience and necessity to be shown, ...... 136 public notice and hearing required. . 136 petitions for, safeguards to be adopted, . 137 to set forth purpose of location, . . 136 prior locations confirmed, .... 136 restrictions as to, ..... 136 reserved spaces in public ways, . . 138, 139 PRIVATE LAND — Concluded. Operation. certificate of board, . . . . changes and improvements thereafter, prohibited except, . PRIVATE SCHOOL PUPILS. half-fares for, . PROCEEDINGS. organization, etc., See Corporate Matters. regulations, to enforce, before board, record of, See Record. PROCEEDS. of sale, use for dividends, . of new shares, application, PROPERTY. realty and personalty, limit of, . stockholding in another, authority, PROXY VOTING. at meetings, regulation of, PUBLIC EVENING SCHOOLS. half fares for pupils, PUBLIC OFFICERS. not to recommend employees, etc., PUBLIC OPENING. certificate for operation before, . on private land, PUBLICATION. of agreement of association, evidence of, . of statement of accounts, . PUBLIC WAY. definition, .... PUBLIC WAYS. reserved spaces in, . 137 137 136 153, 153a 22, 123 127 170 171 170 141 154 133 134 134 130 153a 85, 86 146 137 122, 123 123 9 121 138, 139 PUPILS. rates of fare for, .... 153, 153a Boston Elevated Railway Company, ex- empted, ..... 153 of private schools, .... 153, 153a of public evening schools, .... 153a PURCHASER. consolidation or sale, stock, bonds, etc., . 140 from receiver, rights of, etc., . . . 168 actions against, ..... 167 agreement of association of, . . .168 stock issue by; fixing amount, . . 168 See Corporate Matters (Receiver). R. RAILROAD COMMISSIONERS. Da General. advice, etc., not to relieve corporate liability, 9 annual report, contents, etc., ... 6 appointment, terms, tenure, etc., . . 3, 4, 5 INDEX TO STREET RAILWAY LAWS. 247 RAILROAD COMMISSIONERS — Continued. appointment, of expert bridge engineers, of supervisor of accounts, attorney general to act on report of, when, 8, decisions, force and effect of, . record of rulings of law, .... rulings, revision, annulments, etc., savings banks, lists of companies for, Authority. abolition grade crossings, approval, when, . board may be made special commission, . or avoidance of, approval, . . 157, accidents, investigation of, ... accommodations for passengers, may require, agreement of association, may direct publica- tion, when, ..... alteration of crossings, board represented on commission, ..... to act as county commissioners, for Bos- ton, ...... approach of cars, approval of regulations, . block signals, installation of, approval, bonds, approval by; proceedings, 154, 155, bridge guards, as to, . . . . 149, bridges, expert examination of, . appointment of expert bridge engineer, . capital stock, approval of issue, . 154, consolidation and sale, approval of terms, 30, crossings over or under railroads, consent to electricity, to approve terms and fix price for, 4 3 170 152 170 171 169 when, ..... 141, enforcement of laws by, extension of corporate powers, . . 132, equitable relief, may invoke, as to stock issues, .... express transportation, appeal, . fares, to suggest changes in, fenders and wheelguards, requirement by, heating of cars, to require, information to be furnished to, . inspection, recommendations upon, lease or sale, approval of, . . . 30, motive power, board to prescribe, operating contracts, approval of, . 32 notice to corporation as to laws, passenger accommodations, may require, platforms, approval of enclosure, pleasure resorts, approval of, publication of agreement of association direct when, . repairs, notice of necessary, scope of statutory provisions as to, special commission to abolish grade cross- ings, ...... 13 sprinkling streets, authority for, . 131 to supervise, examine, etc., ... 8 waiting rooms, supervision of, . may recommend relocation of, . 86 Books and Accounts. continuance of uniform .system. . . 9, 169 directors, etc., may request examination of 9 inspection at any time by, ... 9 list of stockholders, access to, . . . 9, 10 non-submission, etc., penalty for, . . 10 publication of statements, ... 9 regular examination of, .... 9 20 13 158 9 152 123 12 11 150 7 156 150 25 4 155 140 158 142 7 133 156 135 8 151 151 9 24 140 135 140 8 152 152 134 123 8 RAILROAD COMMISSIONERS — Continued. Capital Stock. and bonds, approval, fixing amount of, . increase of, ..... . may employ experts to examine property, . new shares, to fix price of, . . . purchasers from receiver, of; fixing amount, reduction, to authorize, . . . . certificate of, filing by, . . . . proceeds, allowance of distribution of, See Corporate Matters. Change of Name. to authorize, after hearing, to require public notice of, . . . Complaints. employees, by; secrecy of, . . . examinations into, when, . . . . legal voters, by, . . . . . municipal officers, by, . . . . 154, 155 154, 155, 156 154 4 157 168 155 155 155 159 159 Connecting Roads. approval for joint use, .... 134 rules and regulations determined by Board, 134 operating contracts between, . 32, 140 consolidation of. See Consolidation and Sale. lease of. See Lease. Excise Tax. distribution of, among cities and towns, as to, 163 revision of, on appeal, .... 163 Extensions. adjacent cities, in, etc., .... 133 connecting cities and towns, in, . . 133 application to board, and hearing, . . 133 location, granting of, and conditions, . 133 local extension, approval of, . . . 143 Fares. may suggest changes, etc., ... 8 regulation of, powers, . . . .8, 154 transfers, discontinuance of, to approve, . 154 Grade Crossings. abolition of, approval, .... 20 board may be made special commission, . 13 alteration of, board represented on commis- sion, . . . . . . L2 to act as county commissioners for, in Bos- ton, ...... 11 approval of land taking to avoid, . 157, 158 consent to, ...... 10 Inspectors. appointment by, direction of examinations by. See Inspectors. Location. approval of, . may require alterations, notificat ion to local board, hearing if route is changed, 3, 4 24 123, 124 123 312 248 INDEX TO STKEET RAILWAY LAWS. RAILROAD COMMISSIONERS — Concluded. certificate as to amended location, . . 124 private land, on, hoard may authorize, . 136 revocation, approval of, . . . . 144 Opening to Public. certificate for operation, .... 146 private land, on, appliances and safeguards, 137 Record of Proceedings. before board, as to street railways, rulings of law to be entered, . neglect to grant or refuse, considered re- fusal, ...... equity jurisdiction, to review, annul, modify or amend, . . . 170, 171 170 170 170 Regulations. approval, revision, etc., proceedings to enforce, speed, as to, . 146 170, 171 146 as to approach of cars, board may approve, 150 Relief Corporations. approval of by-laws, ..... 22 examination of, report to, ... 22 See Relief Societies. Remedies. for refusal or neglect, attorney general to act, 170 equity jurisdiction, to invoke, . . 170, 171 Report. of board, contents, etc., . . . .6, 170 Returns. blanks and forms for, ... 10 changes in, . remedy, additional, for neglect, tables, abstracts, to prepare, to board, annually; contents, . . 169 of lessees, .... neglect to make, . amendment of defective returns, time for filing. Witnesses. compulsory attendance of, ... summoning, oaths, fees, etc.. See Railroad Commissioners in Index to Railroad Laws. RAILROAD CORPORATIONS. street railway companies considered as, grade crossing abolitions, RAILROAD CROSSINGS. stops of cars at, ..... See Crossings. RAILWAY. definition, ...... RAILWAY INSPECTORS. appointment of, ..... duties, etc., ...... 170 170 170 170 170 170 170 170 1146 138 150 121 3,4 24 REAL ESTATE. companies may hold. 133, 134 RECEIVER. appointment of, by supreme or superior court, ..... purchasers from, rights of, etc., actions against, .... reorganization, capital, etc., capital not to exceed fair cost of replace- ment, ..... sale of road by, .... not to impair mortgages, to pay debts, etc.,. See also Corporate Matters. 166 168 167 168 168 167 167 166 RECORD. bonds, of, by treasurer, .... 47 rulings of law, of, .... . 170 transfer of shares, of, . . . .130 of board's proceedings, .... 170 rulings of law to be entered, . . .170 neglect to grant or refuse, considered re- fusal, ...... 170 equity jurisdiction to review, annul, modify or amend, . . . 170, 171 RECORDING. charters, with agreement, etc., . . . 128 RECOVERY. for death from injuries, . . . . 27, 28 employees, death, etc., .... 28 over by town against liability, injuries, . 80 costs recoverable by town, when, . . 80 REDUCTION OF STOCK. authorization by board, . . . .' 155 certificate of, filing, .... 155 directors' liability, .... 155 proceeds, allowance, distribution of, . 155 sale, upon, ...... 141 REGISTERED BONDS. or coupon, ...... 154 REGULATION. of fares, as on railroads, . . . .8, 154 REGULATIONS. approval, revision, etc., by board, . . 146 proceedings to enforce, . . . 170, 171 by towns, etc., .... 146, 147 grade crossings, as to, .... 10, 11 penalty for violation of, . . . . 146 snow, removal of, as to proceedings, . . 147 speed, as- to violation of, .... 146 wires, as to, . . . . . . 139 RELIEF SOCIETIES. for employees, ..... 21 formation, organization, etc., ... 21 filing certificate, fee, etc., ... 21 by-laws, approval by board, ... 22 voting regulated by, .... 22 employees', annual report to board, . . 22 examination of books and papers, . . 22 funds not attachable, etc., ... 22 investigation by local authorities, . . 21 report to secretary, .... 21 purposes of incorporation, ... 21 street railway as associate, etc., . . 22 INDEX TO STREET RAILWAY LAWS. 249 REMEDIES. additional, attorney general to act for board, 170 equity jurisdiction to invoke, . . 170, 171 violation of laws, to restrain, . . .170 of rules and regulations, to restrain, . 171 to review, annul, modify or amend rulings, 171 returns, for neglect, etc., .... 170 as to valuation, taxation, etc. See Taxation. REMOVAL OF TRACKS. at expense of company, when, . . 147, 14S 16S 164 148 148 149 REORGANIZATION. after purchase from receiver, capital, etc. REPAIR. application of taxes for ways and places, of ways, responsibility, opening for repair, permit, restoration of surface, notice of necessary repairs, REPAIRING STREETS. transportation of material. REPEAL. of certain portions of the Revised Laws, etc., 171 not to affect certain acts done, etc., . 172 REPORT. annual, of board, ..... 6 inspectors, by, to board, .... 24 See Returns. RESERVED SPACES. in public ways, for street railways, 138, 139 RETURNS. annual, to board, contents, etc., . . 169 change in form of, by board, . . .170 amendment of defective, . . 10, 170 sworn to, by treasurer and superintendent, 169 blanks and forms for, . . . 10, 170 system prescribed by board, . . 10, 169 contracts, leases, etc., to contain, . . 169 dividends and length of line, of, to tax com- missioner, .... 159, 160 earnings and length of track to assessors, . 162 express business of, to board, . . .106 lessee to make returns to lessor,. . . 170 liable to lessor for failure, . . .170 lessor responsible for correctness, . . 170 neglect to make, ..... 170 remedy for neglect, additional, . . .170 tallies, abstracts, etc., board to prepare, . 6, 170 time of filing changed, .... 1146 REVIEW. of rulings of board by courts, . . 170, 171 REVISION. of regulations, etc., . proceedings to enforce, . of speed rules, by board, . of excise tax, by board, when, of fares, by legislature, REVOCATION. of locations, approval, new petition after, etc., non-removal of tracks on, Si'i- Location \m> • 'onstuuci ion. 146 170 171 146 163 88, 154 144 124 144 RIGHTS. of purchasers from receiver, . . . 168 ROAD MATERIAL. transportation of, .... 134 ROLLING STOCK. and stations, suggestions as to, . . . 8 inspection of, ..... 24 attachment of, restrictions as to, . . 26 void unless other property first demanded, 26 ears, heating, neglect, etc., . . . 151 number and routes, regulated, . . 146 conditional sale of, . . . . . 25, 26 acknowledgment, recording, fee, . . 26 general laws not to apply, ... 26 name of owner, etc., to bear, ... 26 payment of price, record, fee, . . 26 secretary of commonwealth, to record con- tract 26 See Cars. ROUTE. to be described in agreement of association, 122, 168 RULINGS OF LAW. record of, . . . . . .170 s. SALE OF ROAD. authority for, approval, . . . 30, 139, 140 increase of capital, for purchase, . . 140 proceeds not to be used for dividends, . 141 reduction of stock upon, . . . .141 receiver, by, ...... 167 See Consolidation and Sale. of rolling stock. See Rolling Stock. SALES ON CARS. by children, penalty, when, 151 SAVINGS BANKS. may accept bonds as collateral, when, . 169 may invest in railway bonds, when, 168, 169, 169a bank commissioner, duties as to, 16S, 169, 169a lists of companies, board to furnish, 169, 169a West End Street Railway Company, rental, 169 SCHOOL CHILDREN. fares for, See Parks. 153, 153a SECRETARY OF COMMONWEALTH. agreement of association, to bo filed with, . of purchasers of road at receiver's sale, t" be filed with, .... authority for change of name, to be filed with, ...... certificate of consolidation or lease, to be filed with, ..... of incorporation, issue by, . 127, 128, for relief societies, issue by, . . .21 as to bonds, to be filed with, . as to change of name, issue by, as to extension of franchise, to be filed with as to locations, to be filed with, as to payment of capital, to be filed with as to stock issue, to be tiled with, as to stock increase, to be tiled with. as to stock reductions, to be filed with, 127 L67 30 His 22 156 159 133 127 132 156 156 155 250 INDEX TO STREET RAILWAY LAWS. SECRETARY OF COMMONWEALTH — Concluded. dissolution, return to, in proceedings, . . 167 petitions for special charter, to be deposited with, ...... 37 publication of, may direct, ... 37 transmission to general court, . . 37 report to, as to relief societies, . . . 21, 22 surrender of charter, duties as to, . . 167 tables and abstracts of returns, to lie trans- mitted to, • • 1"0 to record conditional sales of rolling stock, . 26 SELECTMEN. definition, ...... 121 powers as county commissioners, when, . 138 may revoke locations, when, . . . 144 may order temporary discontinuance of tracks, ...... 148 may order removal of tracks, when, . . 147 may petition for examination of railways, etc., ...... 8 to approve grade crossing abolitions, . . 158 to grant locations, etc., .... 123 alteration of location, etc., . . . 143 tracks, operation of, powers as to, . 146, 147 removal of, may order, .... 147 temporary discontinuance, may order, . 148 See Location and Construction; Taxation. SHARES. of stock. See Corporate Matters. SIGNALS. injury to, .... installation of, block, equity jurisdiction to enforce, SNOW. removal of, regulations as to, provisions as to, street railway taxes, applied to, transportation of, 29 . 147 147 165, 166 134 See Operation; Corporate Powers. SPECIAL CARS. companies may provide; penalty for neglect, special rates on, for workingmen, etc., hours of, SPECIAL CHARTERS. petition to general court for, See Petition. SPECIAL COMMISSION. for abolition of grade crossings, in alteration of crossing proceedings, See Crossings. SPECIAL MEETINGS. clerk to call, .... stockholders may request, SPECIAL RATES. on special cars, for workingmen, etc., penalty, for pupils; penalty for neglect, 152, 153 152, 153 153 153 37 129 129 SPEED OF CARS. local authorities to establish, board to approve, revise and alter, proceedings to enforce, . violation of, ... cities and towns may make ordinances, SPRINKLING CARS. use of, ..... . 146 146 146 146 147 134 145, 145a, 146 . 1286 146 145 146 146 146 145 145 149 134 145 145 152, 153 153 . 153 STATE HIGHWAYS. street railways on, action of directors as to, alteration, extension, revocation of loca- tions upon, . . . 145, 145a commission to indicate locations, etc., in when, ..... company to restore to former condition, laying in, regulated, supervision, supervision of, . construction, company may share in expense damages, grading, etc., cost of, . liability for injuries on, transportation of material for, . ways to become, grading, etc., . assessment of expense, . STATE HOUSE PARK. no construction over, .... STATE INSTITUTIONS. location on land of, forbidden, except, STATEMENTS. publication of, ..... STATIONS. board to suggest changes in, . may recommend relocation of, loitering in, prohibited, penalty. See Waiting Rooms. STATUTORY PROVISIONS. as to board's authority, scope of, STEAM. as motive power, not permitted, STOCK BOOKS. See Corporate Matters (Capital Stock). STOCK CERTIFICATES. See Corporate Matters (Capital Stock). STOCK DIVIDENDS. prohibited, when, ..... See Corporate Matters. STOCKHOLDERS. access of board to lists of, ... books and accounts, may request examina- tion of, . capital stock, vote for reduction of, proceeds, distribution among, . certificate, stock, each stockholder entitled to, ... majority to approve leases, two-thirds to approve consolidation or sale, ..... two-thirds to approve change of name may petition for dissolution, . 125 124 86 150 134 155 9 155 155 130 140 140 159 166 INDEX TO STREET RAILWAY LAWS. 251 STOCKHOLDERS — Concluded. may apply to supreme, etc., court, as to stock and bond issues, new shares, entitled to, cash payment for, notice of, price of, stockholders to fix, special meetings, may request, vote for bond issue, . for consolidation or lease, for reduction of stock, . votes at meetings, 156 157 157 157 506 129 156 140 155 130 STOCK ISSUES. as to, board may invoke equitable relief, . 156 grade crossings, for abolition, ... 15 pleasure resorts, for, . . . 134, 154 preferred, ...... 526 purchase from receiver, after, . . . 168 upon domestic, by foreign corporation, . 141 See Corporate Matters. STOCKHOLDING. in another company, authority for, . 134, 140 not permitted, except, .... 134 STONES. transportation of, ..... 134 STOPS. at railroad crossings, .... 150 STREET RAILWAY. definition, ...... 121 STREET RAILWAY POLICE. See Police. STREET SPRINKLING CARS. authority for, ...... 134 See Corporate Powers. STREET SWEEPINGS. transportation of, .... . 134 See Corporate Powers. STREET WIDENING. assessment of part of expense of, . . 145 STREETS. construction, grading, repairing of, . . 134 transportation of material, . . . 134 or cars of other railways, obstruction of, 150, 151 taken up, towns not liable to companies, . 148 See Ways; Operation. SUNDAY LAW. no defence, liability for injuries, street railways exempt from, 101 101 STRUCTURES. on ways, authorization, overhead; consent of board, SUBMISSION. of books and accounts to board, non-submission; penalty, SUBSCRIBERS. directors to be, formation, SUBSCRIPTIONS. for shares; time for, etc., . SUNDAY CARS. running of, permitted. 158 158 9, 10 10 122, 168 157 101 SUPERIOR COURT. jurisdiction in equity, to appoint receivers, . 166 to enforce laws, orders, etc., concerning issues of stock and bonds, . . 156 attorney-general, board or stockholder, etc., may apply, .... 156 to order copies, books or records, exhibited to stockholders, .... 131 to review, annul, modify, amend rulings of state boards, .... 170, 171 dissolution, decree for, upon application, 166 justice of, may compel attendance and testi- mony of witness before board, . 10 may hear and award costs in appeals from local valuation, .... 160 SUPERVISION. board's authority as to, by board, of grade crossings, . 10, 11 SUPREME JUDICIAL COURT. jurisdiction in equity, as to operation of trains and cars, .... 7 to appoint receivers, .... 166 to compel observance, etc., of street rail- way laws, .... 170, 171 to compel use of tracks, when, . . 148 to dissolve domestic companies on issue of securities by foreign corporations, . 141 to enforce laws, orders, etc., concerning issues of stock and bonds, . . 156 attorney general, board or stockholder, etc., may apply, .... 156 to enforce compliance with orders of board as to block signals, ... .7 to order copies, books or records, exhibited to stockholders, .... 131 to review, annul, modify, amend rulings of state boards, ..... 171 dissolution, decree for, upon application, . 166 justice of, may compel attendance and testi- mony of witnesses before board, . 10 SYSTEM. uniform, books and accounts, . . .9, 169 T. TABLES. and abstracts for annual returns, . . 170 TAX COMMISSIONER. returns of length of line and dividends to, . 159 See Taxation. TAXATION. In General. additional tax if dividends exceed 8 per cent ., 161 application of tax, .... 163, 164 apportionment of franchise and additional tax 161 corporate franchise, upon, . . 160, 161 deductions from valuation of franchise, . 160 excise tax on earnings, .... 162 poles and wires, of, ..... 1606 returns of length of line to assessors, . . 162 tax commissioner, to, of length and divi- dends, ...... 160 252 INDEX TO STREET RAILWAY LAWS. TAXATION — Continued. Application of Taxes. for repair, etc., of public ways and places, . for removal of snow from ways or places, Boston Elevated railway, tax, provisions as to 164, 165 West End street railway, taxation of, provi sions, 164 164 165 Corporate Franchise Tax. annual returns to tax commissioner, con- tents 159, 160 length of line in and out of state, . 160 length of track operated in each city or town, ...... 160 amount of dividends paid, etc., . . 160 treasurer to make oath to, . . . 159 franchise, valuation, commissioner to ascer- tain 160 cash value to be true value, unless, . 160 deduction for length of line without state, 160 for real estate and machinery locally taxed 160 local assessment taken, but not conclusive, 160 appeal from local valuation, . . . 160 county commissioners or superior court may hear, . . . .160 tax commissioner may require, and be heard, ...... 160 costs, award of, .... 160 tax to be paid, how determined, . . 160 provisions of law to apply, . . . 160 valuation, local, of real estate and machinery, 160 appeal from, commissioner may require, etc 160 remedy when commissioner's is less than local assessment, .... 161 notice to company and to assessors, . 161 failure to prosecute appeal, valuation con- clusive, ..... 161 Additional Corporate Franchise Tax. to be paid when dividends exceed eight per cent., ...... 161 amount to be determined by tax commis- sioner, ...... 161 exemption if six per cent, not paid annually from beginning, .... 161 Commutation Tax. assessments of exfise tax proportionately, . 162 distribution of tax, determined by board, when, ...... 163 gross receipts, except, return to assessors, . 162 length of track, annual return to assessors, . 162 payable to cities and towns, . . . 163 percentages, how based, .... 162 revision of tax, petition to board, . . 163 aldermen, selectmen or company, may ap- peal, . . . . .163 notice, hearing, determination, etc., . 163 not to be changed for three years, etc., . 163 tax to be in addition to other lawful taxes, . 162 tax collector, notice to, by assessors, . . 163 collection, general laws to apply, etc., . 163 Wachusett Mountain reservation, payable to state, .... 161, 166 credited to sinking fund of park, etc., loans, ..... 161, 166 TAXATION — Concluded. tax commissioner to determine amount due cities and towns, .... 162 notification, certification, appeal, etc., . 162 Exemption and Apportionment, no local assessment on shares when state tax is paid, ...... 161 apportionment of tax to cities and towns, . 161 proportionate to length of track operated in each town, .... 161 on metropolitan park location, payable to state 161 Tax Commissioner. annual returns to, etc., .... 159 appeal from local valuation, may require, . 160 deduction for length of line without state, . 160 dividends, return of, to, . . . . 160 franchise, valuation of, to ascertain, . . 160 remedy, when less than local assessment, . 161 to determine additional corporate franchise tax, when, ..... 161 to determine amount due cities and towns, . 161 TEMPORARY CLERK. appointment and duties, .... 122 TEMPORARY LOCATIONS. when rebuilding bridges, .... 1226 TEMPORARY TREASURER. appointment and duties, . . . . 122 TERMINI. to be set forth in agreement of association, 122, 168 TIME. for acceptance of location, limit, TOOLS, EMERGENCY. equipment with, board may require, TORPEDOES. marking of, . . . . TOWN OFFICERS. See Selectmen. TOWNS. distribution of tax, appeal to board, excise tax payable to, may furnish electricity, when, . may purchase electricity, . commissioners to fix price, See Electricity. not liable, discontinuance of ways, recovery over by, against, when, costs recoverable by, when, route in, in agreement of association, TRACKS. discontinuance of use, voluntary, temporary, .... explosives upon, prohibited, penalty, torpedoes, marking of, . non-removal on revocation; penalty, obstruction of; penalty, endangering life or safety, penalty, refusal to operate, appeal, etc., . petition to compel resumption of use, 122c, 124, 143a, 1446 151 1126 163 163 141 141, 142 142 . 148 149 149 122, 168 147 148 150 1126 144 150 150 147 147 INDEX TO STREET RAILWAY LAWS. 253 TRACKS — Concluded. removal of, at company's expense, repairs, negligence as to, etc., action, notice, etc., use of, regulated, joint use, .... voluntary discontinuance of, . temporary discontinuance of, See Operation. length of, return to assessors, relocation in grade crossing proceedings, TRANSFERS. on cars, conditions, misuse of, . discontinuance of, regulated, board to ap- prove, . of stock, 147 148, 149 148 146 134 147 148 148 TRANSPORTATION of coal, . of explosives, . of gravel, dirt, street of mails, of merchandise, of military supplies of milk and cream, of newspapers, of pupils, of road material, ice, 162 15 154 130 sweepings snow, 134 97, 98 134 134 135 1346 135a 135 153, 153a 134 TREASURER. bond of, by-laws to fix, election and bond, .... bonds, to record, .... temporary, appointment, duties, to swear to returns to tax commissioner, to board, ..... TRUSTEE. may vote on stock held by him, IT. UNIFORM SYSTEM. of accounts, etc., continuance of, UNITED STATES MAIL. street railways may carry, 128. 129 128, 129 47 122 159 . 169 130 . 9, 169 V. VACANCIES. among officers, directors to fill, . VALUATION OF FRANCHISE. deductions from, in taxation, tax commissioner to ascertain, . valuation of real estate, etc., appeal from, See Taxation. VESTIBULES. for cars, approval, neglect of, penalty, 134 122, 129 160 160 160 151, 152 152 VOID. location, if organization incomplete in eight- een months, . . . . .124 if some portion not built, etc., in eighteen months, ..... 132 VOID — Concluded. location, on failure to apply for certificate within thirty days. .... 124 by refusal of certificate or non-accept- ance, ...... 124 VOTE. of stockholders, approving consolidation, . 140 VOTES. at meetings, by stockholders, VOTING. by stockholders at meetings, proxy voting regulated, in relief societies, w. WACHUSETT MOUNTAIN RESERVA- TION. location upon, provisions as to, . tax payable to commonwealth, . 130 130 130 22 126, 127 161, 166 8 . 8, 9 150 111, Ilia 86 66, WAITING ROOMS. board may supervise, local authorities may petition, . loitering in, . expectoration in, . relocation of, board may suggest, See Stations. WAY. public, definition, WAYS. alteration of, liability for expense, alteration of grade of, expense, . betterments, assessment, etc., assessment, not more than one-quarter cost, ...... provisions of law applicable, . construction, grading, repair of, transportation of material, crossings over or under, consent to, defects in, company liable, when, discontinuance of, . of tracks in, etc., .... grades and curves in, locations to avoid, grade crossings, abolition or avoidance of, land taking, construction within way, negligence, liability for, obstruction of streets, penalty, . operation on, . exceptions, .... reserved spaces in public ways, . repair of, etc., .... state highways, operation on, structures on, authorization, taken up. towns not liable, etc.,. tracks in, repairing, etc., . use of, by cars; penalty, . . • 1 "'• widening for street railways, expense, 144, decision, necessary for public convenience, assessment not to exceed one half cost, . See also St ati: Highways; Operation. WEEKLY PAYMENTS. to employees, ...... 1 17 157, 150, 138, l 18, 121 148 145 145 145 145 134 134 138 149 148 148 136 138 158 149 151 146 136 139 149 146 146 lis 1 IS 147 115 1 11 1 15 S6 254 INDEX TO STREET RAILWAY LAWS. WEST END STREET RAILWAY COM- PANY. provisions as to taxation, .... dividends for rental deemed earnings, . WHEEL GUARDS. requirement by board, .... WIDENING. of ways, expense of, WIRES. destruction of, penalty, regulations as to, . insulators, lightning arresters, etc., 164 169 144, 145 142c 139 139 WIRES — Concluded. marking feed wires, etc., when, . taxation of, . 139 1606 WITNESSES. compulsory attendance of, ... 10 summoning, oaths, fees, etc., ... 10 by inspectors, . . . . .24 fees, not allowed street railway police officers, 24 WORKING CAPITAL. issue of securities for, WORKINGMEN'S RATES. of fare, .... 1546 153 INDEX TO ELECTRIC RAILROAD LAWS. A. ABOLITION GRADE CROSSINGS. stock or bond issue for. See Capital Stock; Bonds. See Index to Railroad Laws. ABUTTING OWNERS. notice to, as to route. See Formation. ACCIDENTS. prevention of, board may make rules for, liability, penalty, for negligence, etc. See Index to Railroad Laws. notice of, inquests. See Index to Railroad Laws. loss of life by, penalty. See Index to Railroad Laws. AGREEMENT. of association. See Formation. as to route. See Formation. ALDERMEN. duties as to route, etc. See Formation (Fix- ing the Route); Location. state highway commissioners have powers of. See Location. duties as to alteration, extension and revoca- tion of location. See Locations. overhead crossings, action as to. See Cross- ings. speed, action on. See Highways. ALTERATION OF CROSSINGS. See In- dex ti> Railroad Laws. ALTERATION OF LOCATION. See Lo- cation. 178 AMENDMENTS. to act, passed, 1907, passed 1908, 178-180, 185, 186 . 1746, c, d. e APPLICATION. for certificate of exigency. See Formation. one year after refusal. See Formation. for route. See Formation. APPEAL. See Railroad Commissioners; Taxation. APPLICATION OF TAXES. See Taxa- tion. APPORTIONMENT. See Taxation. APPROVAL. See Railroad Commission- ers. ASSESSMENT; ASSESSORS. See Taxa- tion. ASSOCIATES. See Formation. ATTACHMENT. of rolling stock. See Index to Railroad Laws. ATTORNEY GENERAL. action on returns. See Remedies. AUCTION SALE. of stock. See Capital Stock. AUTHORITY. of companies. See Formation; Corporate Powers. of board. See Railroad Commissioners. AVOIDANCE OF CROSSINGS. purchase of land for, etc. See Crossings. B. BAGGAGE TRANSPORTATION. See Corporate Powers (Common Car- rier). BELLS. railroad law not to apply. board to make rules as to, BETTERMENTS. See Location (Street Widening); Bonds; Capital Stock. BOARD OF APPEAL. See Taxation. BONDS. issue of, amount determined by board, 154, approval by board, .... for certain purposes, .... pleasure resorts, for acquiring, power houses, car bouses, park buildings, for, ...... rolling stock, for additional, motive power, for changing, . electricity, for lighting towns, grade crossings, for abolishing, widening or altering streets, be! for paying, ..... permanent investments or improvements for 177 178 155 154 154 154 154 154 I.M 154 154 154 154 256 INDEX TO ELECTRIC RAILROAD LAWS. BONDS — Continued. for certain purposes, real or personal prop- erty, additional, for, . . . 154 refunding funded debt, for, . . . 154 payment of money borrowed or indebted- ness incurred, for, .... 154 decision of board within thirty days, . . 155 to assign reasons, specify amounts, and for what purposes, . . . 155, 156 filing in seven days, . . . .156 certificate to secretary of commonwealth within three days, .... 156 no issue before certificate is filed, . 156 proceeds, application of, for specified pur- poses only, ..... 156 limit of issue of bonds, coupon notes, etc., 47, 156 certain bonds lawfully issued excepted, . 156 bonds to retire outstanding evidences of in- debtedness excepted, . . . 156 stockholders to authorize issue by vote, . 156 special meeting called for the purpose, . 156 floating debt, funding, etc., bond issue for, . 47 mortgages to secure, .... 47 amounts, not less than $100 each, . . 47 payable in periods not exceeding fifty years, ...... 47 premiums, cash value, may be computed, . 47a interest not exceeding seven per cent, per year, ...... 47 payable annually or semi-annually, . 47 treasurer to record in office, ... 47 to be approved by person appointed there- for 47, 48 certificate of proper issue and record, . 48 securities, collectible, though sold at less than par 48 of other corporations, railroad law not to apply, . . . . . .177 Registered Bonds. exchange for coupon, etc., ... 48 terms, regulations, prescribed by directors, 48 trustees, if any, to approve, ... 48 to be in conformity with laws as to coupon bonds, ...... 48 exchange not to affect mortgage or pledge given, ...... 48 coupon bonds, cancelled and destroyed at exchange, ..... 48 Mortgages. to secure bonds previously issued, . . 48 trustees under, may enter upon property, when, ...... 48 may contract with corporation to operate road, ...... 48 vote of bondholders, etc., prerequisite, . 48 meeting called for the purpose, . . 48 notice, publication, etc., ... 48 liabilities incurred in operation, claim against income, .... 49 subject to laws applying to corporations, . 36 annual meeting of bondholders or creditors, to call, 49 annual report to be submitted, . . 49 election and confirmation of trustees, . 49 five bondholders may call, when, . . 49 notice, publication, etc., ... 49 proceedings confirmed by justice of su- preme court, notice, etc., . . 49 hearing, decree, filing, etc., . . 49 BONDS — Concluded. equity jurisdiction to enforce, ... 49 summary removal of trustee under mortgage, 49 sale under foreclosure, .... 49 purchaser, rights, liabilities, etc., . . 49 BOOKS AND RETURNS. uniform system, annual returns, etc. See Index to Railroad Laws. returns, refusal or neglect to make, . . 170 BOYNTON BICYCLE RAILWAY. provisions, as far as applicable, etc., . . 186 BRANCHES. aid in construction of. See Index to Railroad Laws. and extensions. See Index to Railroad Laws. BRIDGES. repair of, etc. See Highways. guards for. See Operation. See also Index to Railroad Laws. c. CAPITAL STOCK. fixed in agreement of association, . . 174 subscription, payment, etc., ... 41 par value. See Formation. of other corporations, railroad law not to apply, ...... 177 Issue of. amount determined by board, . . . 155 decision within thirty days, . . . 155 to assign reasons, specify amounts, and for what purposes, . . . 155, 156 filing in seven days, . . . .156 certificate to secretary of commonwealth within three days, .... 156 no issue before certificate is filed, . 156 preferred, ...... 526 proceeds, application of, for specified pur- poses only, ..... 156 Increase of. amount to be determined by board, . approval by board, .... for certain purposes, pleasure resorts, for acquiring, power houses, car houses, park buildings for rolling stock, for additional, . motive power, for changing, . electricity, for lighting towns, grade crossings, for abolishing, widening or altering streets, betterments for paying, .... permanent investments or improvements for, ..... real or personal property, additional, for refunding funded debt, for, payment of money borrowed or indebted ness incurred, for, . new shares, to be offered stockholders, price not less than market value, to be determined by stockholders, certificate to company, record, 154 154 154 154 154 154 154 154 154 154 154 154 154 154 157 506 157 INDEX TO ELECTRIC RAILROAD LAWS. 257 CAPITAL STOCK — Concluded. new shares, notice to each stockholder of record, etc., . . . . 157 time of subscription fixed by directors, 51a payment in cash before issue of certifi- cate, ...... 157 auction sale of stock, when, . . . 157 sale of shares unsubscribed at, . . 157 notice by publication five days, etc., . 157 shares not to be sold at less than par value, 157 CAR HOUSES. stock or bond issues for. See Capital Stock; Bonds. CARS. See Highways; Operation. equipment of, with safety appliances, etc. See Index to Railroad Laws. drawing, compensation, etc. See Index to Railroad Laws. street sprinkling, use of. See Operation. CERTIFICATE. as to stock or bond issue. See Capital Stock; Bonds. as to publication. See Formation. of exigency. See Formation. of compliance, preliminary to charter. See Formation. of directors, clerk, treasurer. See Forma- tion. of incorporation. See Formation. of clerk of town as to route; conclusive evi- dence. See Formation. of board as to route. See Formation. as to operation of cars. See Operation. CHARTER. certificate of incorporation. See Formation. by concurrent legislation. See Index to Rail- road Laws. CITIES. clerks of. See Formation. purchase of electricity. See Corporate Powers. CLERK. of association or corporation. See Formation; Corporate Powers. of city or town. See Formation. CLERK OF THE BOARD. certificate of, as to route. See Formation. COMMON CARRIERS. of baggage, etc. See Corporate Powers. COMMONWEALTH. rights reserved by. See Index to Railroad Laws. COMMUTATION TAX. See Taxation. CONCURRENT LEGISLATION. corporations chartered by. See Index to Railrod Laws. CONDITIONAL SALES. of rolling stock. See Index to Railroad Laws. CONDITIONS. terms, obligations, as to locations. See For- mation. CONDUCTORS. hours of, etc. See Operation. See also Index to Railroad Laws (Employees). CONNECTING LOCATION. See Loca- tion. CONNECTING ROADS. bonds of, guaranteed, when. See Index to Railroad Laws. purchase of. See Index to Railway Laws. CONSTRUCTION. cost of, estimate. See Formation. wires, poles, rails, etc., prescribed. See For- mation. CORPORATE FRANCHISE TAX. See Taxation. CORPORATE NAME. See Formation. CORPORATE POWERS. authority of companies defined, . . 173 powers and privileges of railroad corpora- tions, except, . . 173, 177, 17S Capital Stock and Bonds. See Bonds; Capital Stock. Common Carrier. of baggage, express matter and freight, president, directors or interested party may apply, ..... aldermen, selectmen, etc., to approve, certificate of public convenience, etc., by board, ..... 176, regulations and restrictions by local author- ities, ...... approval by board, .... subject to laws as to common carriers, etc., . Electricity. cities and towns not to manufacture for coin- pan ies, ...... cities and towns may purchase from com panies for lighting purposes, contracts not to exceed ten years, . board to approve terms, etc., meters part of distributing system, etc., disagreement, appeal to board, etc., price to be fixed by board, after hearin etc., ..... subject to general laws, etc., . 176 176 177 177 177 177 Recreation Grounds. companies may acquire pleasure resorts, approval by board, .... admission to be free, .... restrictions, approval by board, to be imposed by aldermen m -elect men, . intoxicating liquors, not to be sold on grounds, . land not to be sold without approval of board, ...... issue of stock or bonds for, 1 II I II 111 141 142 142 142 142 134 134 134 134 134 134 134 151 258 INDEX TO ELECTRIC RAILROAD LAWS. CORPORATIONS. officers, meetings, etc. See Index to Railroad Laws. other, taking securities of. See Index to Railroad Laws. COUPON BONDS. See Bonds. CRIMES. .lest ruction of poles or wires, . . . 142c electricity, unlawful diversion of, . . 1426 See also Index to Railroad Laws. CROSSINGS. of highways, ...... 174 of navigable streams, .... 174 of railways, ...... 174 of railroads, . . . . . .174 of tide waters, . . . . .174 supervision, separation, alteration, abolition, etc. See Index to Railroad Laws. private, severance of land, etc. See Index to Railroad Laws. Avoidance of. purchase of land for, outside public ways, 157, 158 plan for, to be approved by aldermen or selectmen, ..... 158 public notice, hearing, etc., . . . 15S consent of railroad corporation or other company, ..... 158 taking with approval of board, notice, hear- ing, ...... 158 description of land to be filed in registry of deeds 158 damages, assessment, payment, recovery, . 158 construction of tracks over or under rail- roads, agreement, .... 158 board to prescribe, when, . . . 158 overhead structures, not less than eighteen feet above railroad track, unless, . 158 consent of board, when, . . .158 structures or alterations in highways, au- thorization, ..... 158 aldermen, selectmen or state highway commission may permit, . . 158 D. DAMAGES. secured, prior to charter. See Formation. Recovery of. tracks in ways, additional servitude when elevated, ..... 185 lessees, mortgagees, etc., may recover, . 185 petition to superior court, filing notice, answer, etc., ..... 185 hearing by jury, if, etc., . . 185, 186 finding, verdict, how rendered, . . . 186 DIRECTORS. See Formation; Corporate Powers. DISORDERLY CONDUCT. See Opera- tion. DISSOLUTION. of corporations. See Index to Railroad Laws. DIVIDENDS. over eight per cent., additional tax. See Taxation. stock, forbidden. See Index to Railroad Laws. DRAWBRIDGES. provisions as to. See Index to Railroad Laws. E. ELECTRICITY. as motive power. See Formation. sale for lighting. See Corporate Powers. stock or bond issue for. See Capital Stock; Bonds. unlawful diversion of, ... . 1426 destruction of poles or wires, . . . 142c EMBANKMENTS, FENCES, ETC. construction, etc. See Index to Railroad Laws. EMPLOYEES. laws as to; accidents to, liability, etc. See Index to Railroad Laws. EQUIPMENT. of cars, board may prescribe regulations for 178 EQUITY JURISDICTION. as to meetings, etc., of bondholders. See Bonds (Mortgages). as to discontinuance of tracks. See High- ways. as to violation of laws, rules, orders, . 170, 171 ESTIMATE. of cost of construction. See Formation. EXEMPTION. See Taxation. EXIGENCY. certificate of. See Formation. EXCISE TAX. See Taxation. EXPLOSIVES. on tracks. See Operation. EXPRESS TRANSPORTATION. See Cor- porate Powers (Common Carrier). EXTENSION OF LOCATION. See Lo- cation. F. FARES. fixing, regulating, etc. See Index to Railroad Laws. evasion of. See Index to Railroad Laws. FLOATING DEBT. bond issue for funding. See Bonds. INDEX TO ELECTRIC RAILROAD LAWS. 259 FORECLOSURE. See Bonds (Mortgages). FORMATION. of companies, ..... 173-180 associates, fifteen or more, . . . 173 authority and powers of, . . . 173 motive power, electricity, or other than steam, . . . . . .173 Agreement of Association, contents of, ..... 173. 174 to state intention, . . . .173 corporate name, not similar to, etc., . 173 to contain words "electric railroad company,'' . . . .173 termini, length, etc., . . . .173 name of county, city and town where located, . . . . .173 gauge, four feet eight and one-half inches, . . . . .174 amount of capital, not less than $10,000, 174 par value of shares, $100, . . .174 names and residences of directors, . 174 to be subscribers to agreement, . 174 to serve until organization of com- pany, . . . . .174 associate, each, to subscribe to, . . 174 name, residence, post-office address, . 174 number of shares he agrees to take, . 174 not to pay more than ten per cent., un- less, . . . . . .174 publication of, before application to board, 174 in each city and town, unless, . . 174 newspaper to be designated by board, when, . . . . .174 sworn certificate of clerk conclusive evi- dence as to, . . . . .174 Certificate of Exigency. application to board, . . . .174 within thirty days of publication of agree- ment, . . . . . .174 map to be filed with application, . 174 to show highways, railroads, railways to be crossed, . . . .174 to show navigable streams and tide- waters to be crossed, . . .174 extent of route on private land, . . 174 extent longitudinally, public ways and places, . . . . . .174 profile to be filed, showing grades, . . 174 estimate of cost of construction to be filed, 174 additional maps and information to be fur- nished, . . . . . .174 change or modification of route, when, . 174 certificate of public convenience and neces- sity 174 no further proceedings if refused. . . 174 application may be renewed one year after refusal, . . . . . . ] 74 Certificate of Incorporation. capital, total-named in agreement t<> be sub- scribed, ..... 41 ten per cent, to be paid in cash before, . 11 certificate of directors, clerk and treasurer, . 41 good faith of associates to be shown, . . 11 publication of agreement, certificate of, to be filed 41 FORMATION — Concluded. route, certificates fixing, to be filed, . . 41 report of engineer and map, to be de- posited, ..... 41 certificate of compliance, issued by board, . 41 damages, payment of, to be secured, . 41 to be annexed to agreement of associa- tion, ...... 41 to be filed with secretary of common- wealth; fee, ..... 41 to be open to public inspection, . . 41 issued by secretary of commonwealth, . 176 to contain words "electric railroad compa- nies," etc., ..... 176 seal of commonwealth to be affixed, . . 42 to have force and effect of a special char- ter, 42 recording; copy to be conclusive evidence of existence of corporation, . . 42 Fixing the Route. application to local boards, when, . . 174 within sixty days after certificate of exi- gency, ...... 174 maps and profile to be filed, . . . 175 other information upon request, . . 175 notice of hearing, fourteen days, . .175 publication of notice, . . . .175 board to designate newspapers, when, . 175 written notice to abutting owners, . . 175 to be mailed by clerk of city or town, seven days before hearing, . . 175 ownership, how determined, . . 175 certificate of clerk to directors as to, conclusive evidence, . . .175 agreement by aldermen, etc., as to route, . 175 assent of directors to requirements as to route, ...... 175 approval of route by board thereafter, . 175 certificate setting forth route as fixed, . 175 no further proceedings necessary, . . 175 agreement with directors as to different route, ..... 1746, 175 failure to agree within ninety days, . . 175 as to requirements for highway locations, approved by board, . . 175, 176 application to board, public notice and hearing, . . . . .176 fixing of route, grades, construction, etc., 176 no change without approval of board, after notice and hearing, . . .176 change of route on application, . . .1746 certificate as to route, .... 176 clerk of board to certify to directors, . 176 longitudinally upon ways by conseat of local authorities, .... 176 not fixed until requirements arc :i|> proved by board, . .176 Location in Public Ways, aldermen or selectmen to determine public necessity, . . . . .176 construction, wires, poles, rails, eh'., to be prescribed, . . . .176 terms, condit ions and obligations may be im- posed, . . . . .176 to be approved by board, . . . 176 FREIGHT TRANSPORTATION. See Cor- poh.wi Powebs (Common Carrier). 260 INDEX TO ELECTRIC RAILROAD LAWS. G. GAUGE. See Formation. GENERAL COURT. petitions to, contents, etc. See Index to Rail- road Laws. GRADE CROSSINGS. abolition of, stock or bond issue for. See Capital Stock; Bonds; Index to i; nlroad Laws. stops at. See Operation. regulation of. See Index to Railroad Laws. GRAIN ELEVATORS. as to, railroad law not to apply, . . 177 GRAVEL. transportation of. See Transportation. H. HIGHWAY COMMISSIONERS. State. See Location; Crossings. HIGHWAYS. See Public Ways. crossing of. See Crossings. locations on. See Formation. widening. See Location. state. See Location. Cars, Speed, Use of. rules by aldermen or selectmen, as to, . 146 approval, revision, alteration by board, . 146 by-laws as to speed, etc., penalty, . . 147 obstruction of highways by cars, etc.; pen- alty, . : . . . 150, 151 railroad law not to apply, . . .177 occupation by cars, railroad law not to apply, 177 Snow. clearing from tracks, regulations by super- intendent, etc., .... 147 limit of amount removed by companies, . 147 transmission of rules" to company, when, . 147 copy filed with board, .... 147 appeal to board by company, when, . 147 notice, hearing, findings, amendments, etc 147 in force for one year, .... 147 Discontinuance of Tracks. voluntary, removal, after six months, . 147 restoration of surface at expense of com- pany, ...... 147 refusal to operate upon request, appeal, 147, 148 two or more municipalities may join in ap- peal 148 equity jurisdiction to enforce, . . 148 decree, notice, hearing, decision, etc., . 148 temporary discontinuance of use, when, . 148 discontinuance of highway where located, town not liable, .... 148 Repair of, Bridges. surface material, companies not required to repair, ...... 148 to be replaced by company when dis- turbed, exception, . . . 148, 149 HIGHWAYS — Concluded. opening of street, highway or bridge for re- pairs or renewals, .... 148 permits from local authorities, . . 148 liability of company for loss or injury, when, 143 obligation to construct. and maintain certain bridges, g . . . . .149 defective streets or bridges, liability of com- pany, damages, .... 149 commonwealth, city, town, railroad or bridge corporation, may recover from company, when, . . . 149 guards or railings upon bridges and draws, . 149 I. ICE. transportation of. See Transportation. INCORPORATION. certificate of, etc. See Formation. INCREASE OF STOCK. See Capital Stock. INQUESTS. See Index to Railroad Laws. INSPECTION OF EQUIPMENT. See Index to Railroad Laws. INSPECTORS. appointment, duties, etc. See Index to Rail- road Laws. INTERESTED PARTIES. mayor and aldermen, selectmen, abutters, so considered, ..... 185 railroad corporations, street railway com- panies, so considered, . . . 185 ISSUE OF BONDS. See Bonds. ISSUE OF STOCK. See Capital Stock. J. JOINT USE OF TRACKS. permission for, .... rules and regulations determined by board, L. LAND TAKING. for avoidance of crossings. See Crossings. damages, etc. See Index to Railroad Laws. LEASE OR PURCHASE. of connecting lines. See Index to Railway Laws. LENGTH OF RAILROAD. See Forma- tion. LIENS. for labor and materials. See Index to Rail- road Laws. LOCAL AUTHORITIES. duties as to route, etc. See Formation. 134 134 INDEX TO ELECTRIC RAILROAD LAWS. 201 LOCATIONS. fixing. See Formation. in ways. See Formation. restrictions as to. See Index to Railroad Laws. Connecting Location. application to board, when, . . . 133 notice, hearing, etc., .... 133 abutters to be notified, .... 133 decree of public necessity and convenience, . 133 appliances, conditions, obligations, speci- fied 133 void, unless accepted within thirty days, . 133 Street Widening. decision of public necessity and convenience, 144 expense, share may be assessed on company, when, ...... 145 not to exceed one-half cost, etc., . . 145 alteration, grade, etc., expense, company may share, when, .... 145 betterments, assessments not to exceed, . 145 total assessment, not to exceed one-quarter of cost, ...... 145 betterment law to apply, when, . . 145 collection of assessments, .... 145 State Highways. streets to become state highways, location on 145 application to highway commissioners, when, ...... 145 location and grade to be fixed, . . . 145 agreement as to cost of construction, . . 145 as to damages, etc., .... 145 to remain a town way, until, . . 145 commissioners to have powers of selectmen, etc 145, 146 permit to open highway for construction, . 146 regulations, supervision, expense, etc., . 146 Extension of Location. fifty voters, company, may petition aldermen or selectmen for, .... 143 public notice and hearing, . . . 143 grant, conditions, terms, etc , . . . 143 restricted to those in original location, etc., 143 approval by board, notice, hearing, . 143 alteration in grant, notification, hearing, . 143 void unless accepted in thirty days, . . 143 void unless approved by board, . . 143 Alteration of Location. by company or 143 143 143, 144 144 petition to aldermen, etc interested party, public notice, hearing, decision, time for, expense, etc., approval by board, notice, hearing amendment to alteration before certificate, notice, hearing, .... void unless accepted within thirty days, Revocation of Location. action by local board after one year from opening, ..... public notice, hearing, . . . . 144 144 111 I I I LOCATIONS — Concluded. company may consent within thirty days, . void unless approved by board, notice, hearing, ..... removal of tracks, restoration of surface, work done at company's expense, upon neg- lect, ...... expense recovered in action of tort, for voluntary discontinuance of use, after six months, ..... Metropolitan Parks. locations in, . LOCOMOTIVE BOILERS. testing, railroad law not to apply, 144 144 144 144 147 1246 177 LONGITUDINAL LOCATIONS. in ways. See Formation. railroad law not applicable, . . . 177 accidents, liability to towns, railroad law not applicable, . . . 177, 178 M. MAILS. transportation of. See Index to Railroad Laws. MAP. See Formation. MEETINGS. See Formation; Bonds. See also Index to Railroad Laws. METROPOLITAN PARKS. location in, . . . . . . 1246 See also Taxation. MISSILES. Throwing, penalty. See Index to Railroad Laws. MORTGAGES. See Bonds. MOTIVE POWER. See Formation. stock or bond issue for changing. See Cap- ital Stock; Bonds. MOTORMEN. hours of. See Operation. See also Indi.r In Railroad Laws (Employees). MUFFLERS. with vacuum brakes, railroad law not to apply, ...-■ 17" NAME. See Formation. change of . See Index in Railroad Laws. NAVIGABLE STREAMS. crossing of. See Crossings; Formation. NEWSPAPERS. notices in, designation by board, when. See I 'orm \ 1 ION. 262 INDEX TO ELECTRIC RAILROAD LAWS. NOTICE. of hearings as to route, etc. See Formation. of agreement of association. See Formation. in stockholders, of increase. See Capital Stock (Increase of). of auction sale of stock. See Capital Stock. o. OBSTRUCTION. of highways by cars. See Highways (Cars). OCCUPATION. of highways by cars. See Highways (Cars). OFFICERS. dudes, etc. See Index to Railroad Laws. OPERATION. certificate of board before opening for public use 146 speed of cars, regulations by local authorities, 146 guards or railings upon bridges and draws, . 149 board to approve; penalty, . . 149, 150 grade crossings, stops at, within one hundred feet; penalty, .... 150 approach of cars, warning, . . .150 local regulation, approval by board, . 150 occupation of highways by cars, railroad law not to apply, . . . .177 obstruction of highways by cars, etc.; penalty 150, 151 railroad law not to apply, . . . 177 obstruction of tracks, penalty, . . . 150 which endangers life; penalty, . . 150 explosives, placing upon tracks; penalty, . 150 loitering in stations or waiting rooms, etc.; penalty, ..... 150 disorderly conduct, etc., in cars; penalty, . 150 sales upon cars by children; penalty, . . 151 fenders, wheelguards, brakes, emergency tools, ...... 151 heating of cars, rules for; penalty, . 151 platforms, enclosed when, rules; penalty, 151, 152 decisions of board, force and effect; penalty, ..... 152 conductors and motormen, hours of labor, exceptions, etc., .... 152 street sprinkling cars, use of, contracts, . 134 regulations and restrictions, approval by board, 134 OVERHEAD STRUCTURES. less than eighteen feet above track, when. See Crossings. P. PARKS. acquisition of, etc. See Corporate Powers. metropolitan. See Taxation. PAR VALUE. of shares. See Formation. stock not sold at less than. Stock (Increase of). See Capital PASSENGERS. transportation of, etc. See Index to Railroad Laws. PENALTY. as to locomotive boilers, mufflers, safety valves, not to apply, for loitering in stations, disorderly conduct, etc. See Operation. for violation of various laws. See Opera- tion. for loss of life by accident. See Index to Rail- road Laws. for unlawful diversion of electricity, . for destruction of poles or wires, for neglect of regulations. See Operation. for various offences. See Index to Railroad Laws. See also Crimes. PLATFORMS. enclosed, approval by board. See Opera- tion. PLEASURE RESORTS. acquisition of, etc. See Corporate Powers. stock or bonds for. See Capital Stock; Bonds. POLES OR WIRES. destruction of, penalty, .... taxation of, ..... . POLICE. railroad. See Index to Railroad Laws. POWER HOUSES. stock or bond issues for. See Capital Stock; Bonds. POWERS. See Corporate Powers. PREFERRED STOCK. issue of , . PREMIUMS. cash value, may be computed in bond issues, PRIVATE LAND. construction wholly or partly upon, . one-half at least upon, .... See Taxation. PRIVATE RAILROADS. provisions as to. See Index to Railroad Laws. PROFILE. See Formation. PROPERTY, REAL OR PERSONAL. stock or bonds for. See Capital Stock; Bonds. PUBLICATION of agreement of association. See Formation. of notice as to route, etc. See Formation. PUBLIC CONVENIENCE. certificate of. See Formation. PUBLIC NECESSITY. certificate of. See Formation. as to connecting location. See Location. 177 1426 142c 142c 1606 526 47a 173 173 INDEX TO ELECTRIC RAILROAD LAWS. 263 PUBLIC WAYS. construction wholly or partly upon, . extent to be shown, .... PURCHASE. of connecting lines. See Index to Railway Laws. PURCHASER. after foreclosure, rights, liabilities, etc. See Bonds (Mortgages). R. RAILROAD COMMISSIONERS. appointment, duties, powers in general. See Index to Railroad Laws. accidents, may make rules to prevent, may make regulations as to equipment, bells, whistles, signals, grade crossings, regulation, supervision. See Index to Railroad Laws. returns, action on neglect of, . revision of excise tax, .... taxation, distribution, when, 173 174 178 170 184 184 Approval, bond issues, of, .... 154, 155 electricity, contracts for, . . . 141 freight transportation, etc., . . 176, 177 locations, of, . . 133, 143, 144, 175,176 revocation of, . . . . .144 land taking, avoidance of crossing, . . 158 motive power, . . . . .173 name, ....... 173 newspapers, for publication of agreement, when, . . . . . .173 for publication as to route, when, . . 175 overhead structures for crossing, . . 158 rails, guards, for bridges. See Operation. route of, ..... 175, 176 speed, regulation of, .... 146 stock issues, amount, etc., . . . 155 increase, price, etc., .... 157 Appeal. connecting location, as to, ... 133 electricity, as to contracts, . . . 142 route, as to, . . . . . 176 snow, removal of, as to, . . . . 147 Certificate. of exigency (public convenience and neces- sity) 174 See also Formation. of compliance, for charter. See Formation. RAILROADS. crossing of. See Crossings. RAILWAYS. crossing of. See Cbossingb. RECREATION GROUNDS. acquisition of, etc. See Corporate Powers. stock or bonds for. See Capital Stock; Bonds. REFUNDING. of bonds. See Bo RELIEF CORPORATIONS. See Index to Railroad Laws. REMEDIES. additional, when laws are violated; . . 170 returns, refusal or neglect to make, . . 170 amendment of, refusal, etc , . . . 170 board to present facts to attorney-general for action, . . . . . .170 jurisdiction iu equity to compel observance of law, 170, 171 to restrain violation of all laws, . 170, 171 as to orders, rules, regulations by local boards, . . . . . .171 as to orders of railroad commissioners, . 171 to review, annul, modify or amend rulings of state boards, .... 171 REGISTERED BONDS. See Bonds. RETURNS. See Books and Returns. REVOCATION OF LOCATION. See Lo- cation. ROLLING STOCK. stock or bond increase for. See Capital Stock; Bonds. conditional sales of. See Index to Railroad Laws. attachment of. See Index to Railroad Laws. ROUTE. See Formation. change or modification of. See Formation. certificates as to. See Formation. fixing. See Formation. general law as to laying out railroads. See Index to Railroad Laws. s. SAFETY APPLIANCES, SAFE- GUARDS. provisions as to. See Index to Railroad Laws. SAFETY VALVES. for locomotives, railroad law not to apply, . 177 SALE. under foreclosure. See Bonds (Mortgages). SECRETARY OF COMMONWEALTH. to issue charter certificate, etc. Sec Forma- tion. certificates for. Sec Formation; Capital Stock; Bonds. certificate as to assessment. See Taxation. SELECTMEN. duties as to route, etc. See Formation (Fixing the Route); I.'" kTION. state highway commissioners have powers of. See Location. dm ies as to alteration, extension and re\ oca- t inn of local ion. See Location rhead crossings, action a> to. Sec t'noss- [NGS. speed, action on. Sec Highways. 264 INDEX TO ELECTRIC RAILROAD LAWS. SHARES. See Capital Stock. taxation of. See Taxation. SIGNALS. board to make rules as to, . . .178 at crossings. See Index to Railroad Laws. injury to. See Index to Railroad Laws. SNOW. removal of. Sec Highways. application of tax for. See Taxation transportation of. See Transportation. SPECIAL CHARTER. certificate of incorporation to have force and effect of 42 SPECIAL CHARTERS. See Index to Rail- road Laics. SPEED OF CARS. See Highways. STATE HIGHWAYS. See Location. STATIONS. provisions as to. See Index to Railroad Laws. loitering in. See Operation. STOCK. See Capital Stock. STOCK DIVIDENDS. or scrip, forbidden, when, liability, etc. See Index to Railroad Laws. STOCKHOLDERS. new stock for. See Capital Stock (In- crease), vote on bond issue. See Bonds. STONES. transportation of. See Transportation. STOPPING TRAIN. wilfully, railroad law not. to apply, . . 177 STREET SPRINKLING CARS. use of. See Operation. STREET WIDENING. See Location. betterments, stock or bonds for paving. See Capital Stock; Bonds. SUBSCRIBERS. See Formation (Agree- ment of Association). SUPERIOR COURT. appeal to, as to taxation. See Taxation. See Equity. SUPREME JUDICIAL COURT. equity proceedings as to mortgaged roads, . 49 See Bonds (Mortgages). See Equity. SWITCHES, BRIDGE GUARDS. provisions as to. See Index to Railroad Laws. T. TAXATION. Corporate Franchise Tax. annual returns to tax commissioner, con- tents, oath, etc 180, 181 length of line to be returned, . . . 180 without commonwealth, to be returned, . 180 upon private land, to be returned, . . 180 operated in each city or town, to be re- turned 180 how determined, owned or leased, etc., . 181 shares, market value, to be ascertained, . 181 fair cash value to be estimated, . . 181 taken as true value of corporate franchise, deductions, ..... 181 real estate and machinery, local assessment taken, when, ..... 181 appeal from local valuation, when, . . 181 to county commissioners or superior court, 181 costs, . . . . . . .181 tax commissioner may be heard, . . 181 tax, rate, how determined, . . . 181 secretary of commonwealth may certify preceding tax, deductions, etc., 181 assessors of cities and towns, return of, . 181 Additional Corporate Franchise Tax. when dividends exceed eight per cent, upon capital, ..... 182 excess to be determined by tax commis- sioner, ...... 182 real estate and machinery, appeal from local valuation, when, .... 182 Exemption and Apportionment. no local assessment when corporate fran- chise tax is paid, .... 182 private land, line upon, tax how distributed, 182 public ways, line upon, tax how distributed, 183 metropolitan parks, etc., line in, tax how distributed, ..... 183 Wachusett Mountain reservation, line in, tax how distributed, .... 183 stock held by co-partners, guardians, execu- tors, etc., how credited, . . . 182 tax, how distributed, appeal, etc., . . 183 Commutation Tax. return of length of track, gross receipts, etc., to assessors, ..... 183 income from sale of power, rental, etc., ex- cepted, ...... 1S3 excise tax, how determined, . . 183, 184 in addition to taxes otherwise provided, . 184 revision of tax by board, .... 184 petition, public notice, hearing, . . 184 aldermen, selectmen or company, may apply, ...... 184 percentage of gross receipts to be paid, how determined, .... 184 not to be changed for three years, 184 board may fix distribution, on application by city or town, ..... 184 notice, hearing, etc., .... 184 notification of amount to collector by assess- ors 184 notification to treasurer of company, . 184, 185 tax payable within thirty days, collec- tion, ...... 185 INDEX TO ELECTRIC RAILROAD LAWS. 265 TAXATION — Concluded. Application of Taxes. to const runt ion, repair, maintenance of cer- tain ways and places, . . . 185 to removal of snow from such ways and places, ...... 185 Tax Commissioner. annual returns to, contents, oath, etc., 180, 181 value of shares, to ascertain and estimate, . 181 appeal, may require prosecution of and be heard 181 to determine as to additional corporate fran- chise tax, ..... 182 local valuation of real estate and machinery, appeal, may direct, . . 182 tax, distribution to cities and towns, notifica- tion, certificate, .... 183 board of appeal, duties as to tax, . . 183 Poles or Wires. of, 1606 TAX COMMISSIONER. See Taxation. TERMINI. See Formation. TIDE WATERS. crossing of. See Crossings; Formation. TOWNS. clerks of. See Formation. purchase of electricity. See Corporate Powers. TRACK, WALKING ON. not within limits of highway; penalty, 110, 178 company not liable for death, when, . 27, 28, 178 TRACKS. discontinuance of. See Highways. joint use of, ..... 134 TRAIN. stopping, wilfully, railroad law not to apply, 177 TRANSPORTATION. of baggage and express matter. See Corpo- rate Powers (Common Carrier), of gravel, snow, ice, stones, etc., . . 134 delivery to connecting lines, etc., . . 134 contracts with cities, towns and state highway commission for, . . 134 of mails. See Index to Railroad Laics. of passengers. See Index to Railroad Laws. TREASURER. See Formation; Bonds. TRUSTEES. under mortgage, powers, duties. See Bonus. subject to laws applying to corporations, . 36 V. VESTIBULES. approval by board. See Operation. VOTERS. may ask extension of location. See Loca- tion. w. WACHUSETT MOUNTAIN RESERVA- TION. See Taxation. WHISTLES. railroad law not to apply, . . .177 board to prescribe rules as to, . . .178 WIDENING, STREET. See Location. WIRES. destruction of, penalty, .... 142c This book is DUE on the last date stamped below REC'D LD-IRC 1 o 1971 FormL-9-15m-ll,'27 • •§E DO NOT REMOVE Tit ^ S 1 i c* Is ^ %HITVD < S University Resecrch Library UC SOUTHERN REGIONAL LIBRARY FACILITY I AA 001 026 585 8 Y of CALIFORNIA ANGELES IBRARY ■aw